Fine for failing to respond to Information Commissioner's Office enforcement notice

Magnacrest Ltd, a housing developer, pleaded guilty at the Westminster Magistrates' Court to a charge brought under section 47(1) of the Data Protection Act 1998 for failing to comply with an enforcement notice issued by the Information Commissioner’s Office (ICO). Magnacrest Ltd was fined £300, with a £30 victim surcharge and was ordered to pay £1,133.75 towards prosecution costs.

The ICO had taken up the criminal prosecution after Magnacrest Ltd had failed to respond to a subject access request from an individual and then failed to respond to an enforcement notice issued by the ICO. The case underlines the ICO commitment to enforcing the notices it issues and the willingness to use criminal proceedings where necessary.

This article has been published as part of the latest issue of our Commercial Brief, detailed within the In Brief section.  You can view the other articles within our Commercial Brief using the links below:

• Companies House issues guidance on changes to company registrations in the event of a No-deal Brexit
• ​Estate agents secure payment despite the agency agreement lacking any express term as to the timing of when the commission would become payable
• Guidance issued on the use of personal data post Brexit
• Advocate General’s opinion issued on consumers' obligations to return defective goods for repair or replacement

ENDS

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