European Data Protection Digest

In Wake of Tribunal’s Breach Ruling, Expert Advocates Self-Reporting

PRIVACY LAW—UK

November 27, 2013

Out-Law.com reports that while Upper Tribunal Judge Nicholas Wikeley has ruled “it would be wrong for immunity from fines to automatically follow an act of self-reporting,” data protection law expert Kathryn Winn points out, "Organisations should not be discouraged from self-reporting data breaches to the ICO as a result of this ruling." Pinsent Masons’ Wynn explains, “The ICO has often considered self-reporting as a mitigating factor when determining the level of monetary penalty notices they issue and certainly take a stronger stance on enforcement where they first hear about data breaches through press reports or via complaints.”
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