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Back to FAQCompliance and Procedure

Who Governs Data Protection?

The Information Commissioner enforces the Data Protection Act and also regulates the Freedom of Information Act 2000 (this regulates access of information held by public authorities).
It is important that your business is aware of the offences under the Data Protection Act 1998.
These offences are enforced by the Information Commissioner and include:

  • Failure to notify or modify their notification entry
  • Knowingly or recklessly disclosing, selling, obtaining etc information without the consent of the data controller
  • Failure to comply with a notice issued by the Information Commissioner

Businesses may appeal against any notice issued by the Information Commissioner. The penalties carried by the above offences include a maximum fine of £5,000 + costs in a magistrates' court or an unlimited fine at the Crown Court if the business fails to notify the Information Commissioner. Data Subjects may apply to the Court for compensation if they have suffered damage or damage and distress from the disclosure of details or other non-compliance on account of the data controller.

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