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Breach DPA 1998

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Breach DPA 1998

Postby KitMag » Thu Jun 22, 2017 10:51 am

ICO has found them guilty. They asked to meet person concerned to see if they could come into an agreement. S/he refused to do so. Because s/he had already contacted their lawyer. S/he now wants to go direct to them.
What happens if he now wants to meet and see if they could agreement? How long will the meeting take?
What will they ask?
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Re: Breach DPA 1998

Postby atticus » Thu Jun 22, 2017 11:22 am

Welcome, Kitmag.

A few questions:

Who are they? (NB no names)

Of what have "they" been "found guilty"?

What is your objective - what do you seek to achieve?
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Re: Breach DPA 1998

Postby b1969 » Fri Jun 23, 2017 9:16 am

Just to add to Atticus's pertinent questions, ICO doesn't have the power to find someone "guilty" of a breach of the Data Protection Act 1998. There are two possibilities:

1) ICO make an assessment, under section 42, whether it is likely or unlikely that the processing in question has been or is being carried out in compliance with the provisions of the Act. This is civil law.
2) where a criminal offence may have been committed, ICO can prosecute a person. It will then be for a court to decide on guilt.
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Re: Breach DPA 1998

Postby dls » Fri Jun 23, 2017 1:09 pm



You have shown a very proper reluctance to give names or details, but your reticence laves us all unable to identify just what is happening.
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