Care homes briefing 188 – New powers given to fine directors

Providers will be well aware of their obligations in relation to data protection particularly following the coming into force of GDPR.[1]

The Information Commissioner’s powers to fine individuals has recently been extended by the Privacy and Electronic Communications (Amendment) Regulations 2018.[2]

The new powers give the ICO the ability to fine directors, managers or other similar officers of a corporate body (or any person purporting to act in such a capacity) if it has also served a monetary penalty notice on their company and if the contravention happened either with the ‘consent or connivance of’ or was ‘attributable to any neglect’ on the part of that individual. Note that it only arises if the company is also being fined.

The current maximum fine is £500,000 and will also include unlawful electronic marketing and similar technology.

Footnotes
[1] Training on GDPR for front line care staff is available from RadcliffesLeBrasseur
[2] Statutory instrument 2018 number 1189 which comes into force on 17 December 2018


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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