Tag Archives: Penalty

UK ICO Issues Revised Guidance on Fines

Posted on February 7, 2012 by Hunton & Williams LLP

Monetary penalties are one mechanism in a suite of tools that the UK Information Commissioner’s Office (“ICO”) uses to encourage compliance with data protection regulations. The ICO generally uses monetary penalties to sanction deliberate or negligent breaches of the law, but the purpose is not to impose financial hardship but rather to “act as an encouragement towards compliance, or at least as a deterrent against non-compliance.” The following is a brief overview of the ICO’s authority to issue monetary penalties. Continue reading…

Tags: Data Controller, Information Commissioners Office, Penalty, United Kingdom

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

Posted on January 24, 2012 by Hunton & Williams LLP

On January 17, 2012, the European Commission initiated expedited infringement proceedings against Hungary over recent changes to its Constitution which are considered incompatible with EU law. The proceedings follow a number of changes made to the Hungarian Constitution that came into effect on January 1, 2012. Of particular concern to the Commission are amendments affecting the independence of the national data protection authority. The Hungarian government has one month to comply, or face enforcement proceedings in the European Court of Justice.

Tags: Data Protection Authority, EU Data Protection Directive, European Commission, Hungary, Legislation, Penalty

French Data Protection Authority Unveils 2010 Annual Activity Report

Posted on November 22, 2011 by Hunton & Williams LLP

On November 16, 2011, the French Data Protection Authority (the “CNIL”) published its Annual Activity Report for 2010 (the “Report”) highlighting its main 2010 accomplishments and outlining some of its priorities for the upcoming year. This year’s Report covers events that occurred since last year’s publication of the Annual Activity Report for 2009.

Tags: Apple Inc., CCTV, CNIL, Data Controller, Data Protection Authority, Data Transfer, Employee Monitoring, EU Data Protection Directive, EU Member States, Facebook, France, Google, LinkedIn, Penalty, Right to be Forgotten, Social Media, Twitter, Video Surveillance

FTC Settles COPPA Violation Charges Against Children’s Social Networking Website

Posted on November 9, 2011 by Hunton & Williams LLP

On November 8, 2011, the Federal Trade Commission announced that the operator of skidekids.com, a social networking website that advertises itself as the “Facebook and Myspace for Kids,” has agreed to settle charges that he collected personal information from approximately 5,600 children without parental consent, in violation of the Children’s Online Privacy Protection Act (“COPPA”) Rule. The proposed settlement will bar future violations of COPPA and misrepresentations about the collection, use and disclosure of children’s information.

Tags: Consent Order, Consumer Protection, COPPA, Federal Trade Commission, Penalty, Privacy Policy, Safe Harbor, Social Media

New Chinese Legislation Includes Provisions Protecting Personal Information

Posted on November 8, 2011 by Hunton & Williams LLP

In the past two months, Chinese national authorities amended a law, and provincial authorities in Jiangsu Province issued a new regulation, both of which include provisions concerning the protection of personal information.

Law of the People’s Republic of China on Resident Identity Cards

Any Chinese citizen who resides in China is required to obtain a resident identity card when he or she turns 16 years old. The cards carry information which generally would be considered personal information under Chinese law, such as name, gender, date of birth, home address and identity card number. The Law of the People’s Republic of China on Resident Identity Cards, a national law originally enacted in 2003, was amended on October 29, 2011, to include the following new provisions on the protection of personal information: Continue reading…

Tags: China, Criminal Law, Liability, Penalty, Telecommunications

UK Parliament Calls for Prison Sentences for Data Theft

Posted on October 31, 2011 by Hunton & Williams LLP

Members of Parliament on the House of Commons Justice Select Committee have called for courts in the United Kingdom to be given greater powers to imprison and fine individuals who breach the Data Protection Act (“DPA”). The Committee stated in its October 18, 2011 report that the current penalties for unlawfully obtaining personal data (under Section 55 of the DPA) are an inadequate deterrent, and urged the government to exercise its power to introduce prison sentences without delay. Although currently a magistrates’ court can issue fines of up to £5,000 for breaches of Section 55 (and the Crown Court can impose unlimited fines), in practice, penalties often are limited to only a few hundred pounds.

Tags: Christopher Graham, Data Protection Act, Information Commissioners Office, Penalty, United Kingdom

UK ICO Says Private Sector “Isn’t as Good as It Thinks It Is”

Posted on September 16, 2011 by Hunton & Williams LLP

On September 14, 2011, UK Information Commissioner Christopher Graham said that the private sector “isn’t as good as it thinks it is” when it comes to data protection compliance, and that many of the compliance problems that arise originate in the private sector. While giving evidence to the House of Commons Justice Select Committee, the Commissioner criticized the private sector and, in particular, banks and other financial services companies.

Tags: Consumer Protection, Data Controller, Information Commissioners Office, Penalty, United Kingdom

Lush Avoids ICO Fine After Website Data Breach

Posted on August 18, 2011 by Hunton & Williams LLP

Lush Cosmetics Ltd. (“Lush”) has avoided a monetary penalty for its breach of the UK Data Protection Act 1998. Instead, the UK Information Commissioner’s Office (the “ICO”) has required Lush to sign an undertaking that obliges the company to “ensure that future customer credit card data will be processed in accordance with the Payment Card Industry Data Security Standard.”

Tags: Consumer Protection, Information Commissioners Office, Payment Card, PCI DSS, Penalty, United Kingdom

FTC Announces First Privacy Settlement Involving Mobile Applications

Posted on August 15, 2011 by Hunton & Williams LLP

On August 15, 2011, the Federal Trade Commission announced a settlement with W3 Innovations, LLC, doing business as Broken Thumbs Apps (“W3”) for violations of the Children’s Online Privacy Protection Act (“COPPA”) and the FTC’s COPPA Rule. This marks the FTC’s first privacy settlement involving mobile applications. Continue reading…

Tags: Apple Inc., Consent Order, Consumer Protection, COPPA, Federal Trade Commission, Jon Leibowitz, Penalty

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Tag Archives: Penalty

UK ICO Issues Revised Guidance on Fines

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

New Chinese Legislation Includes Provisions Protecting Personal Information

UK Parliament Calls for Prison Sentences for Data Theft

UK ICO Says Private Sector “Isn’t as Good as It Thinks It Is”

Lush Avoids ICO Fine After Website Data Breach

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