In an article for the IAPP, Bird & Bird Associate Dan Fara and Partner James Moss compare the draft data protection fining guidance issued by the Information Commissioner's Office (ICO) with the administrative fines guidelines published by the European Data Protection Board (EDPB).
The proposed guidance has been a long time coming, with consultations taking place over previous years. The EDPB guidance is a well-reasoned and developed process, and, unsurprisingly, the ICO would adopt a similar process in many respects. The proposed guidance indicates a desire to not radically depart from the European approach without good reason. The article notes some interesting indications of the areas the regulator considers the most serious. The ICO has been relatively quiet in pursuing significant enforcement action, and one wonders whether the lack of a finalised penalty-setting guidance document is a factor in that situation.
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