Category: Information governance

Is ICO’s insistence data subjects complain to controllers before S42 assessments legitimate?

If anybody feels that an organisation may have failed to follow the Data Protection Act whilst dealing with their data, they can ask the ICO for an assessment about whether that processing is likely to have been OK or not, under S42 of the Data Protection Act. The ICO are obliged to respond unless they…

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The ICO shouldn’t decide what a S50 assessment is about

Section 50 of the Freedom of Information Act gives requesters the right to ask the Information Commissioner to decide if a public authority’s handling of the requester’s Freedom of Information Request is in compliance with the Act. Application for decision by Commissioner. (1)Any person (in this section referred to as “the complainant”) may apply to…

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Data controllers’ compliance with Section 10 notices: the ICO now assess.

I’ve written previously about the Information Commissioner’s assessment of organisations’ compliance with S10 notices. S10 is a mechanism by which a data subject can force a data controller to stop processing his/her personal data, or stop it from processing in a certain way, where such processing is causing substantial, unwarranted damage or distress. Previously the…

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