
International Women’s Day is not just another event in the calendar. Striving for social equality is a daily mission as we work towards building a society of gender equality.
Hot on its heels, another confidential intention to fine Marriott International (Marriott) hit the press for their belated discovery of a hacking incident dating back to 2014, affecting the personal data of 383 million hotel guests globally – at least 30 million of whom were resident in the European Economic Area (EEA). Both breaches concerned, amongst other information, payment card details and, in Marriott’s case, passport information.
Why it might have happened
Whilst there is widespread speculation about the noteworthy size of these proposed fines, the truth is that we have very little available in the public domain explaining the ICO’s rationale. The intention to serve a fine is generally confidential but was made public by both BA and Marriott due to business imperatives. Both have 28 days to appeal the ICO’s decision; both intend to defend their positions vigorously, and it is possible, though unlikely, that 16 weeks’ from the date of these published intentions, the parties will agree a still eye-watering but significantly reduced figure. Crucially, along with such information will come a monetary penalty notice (MPS), which will detail exactly what factors the ICO took into account on deciding the numbers.
A combination of preliminary rumblings from the ICO’s office and the wording of section 155(3) of the Data Protection Act 2018 suggest that these factors are likely to include:
It is likely that much will be submitted to the ICO by way of written representations on behalf of the parties in this crucial 28-day period. With some of the best legal minds in the world at work, it remains to be seen what, if any, difference it will make to the ICO’s deliberations. Amidst the maelstrom, a class action is potentially in the offing for BA in the UK, and several US states are investigating the Marriott breach. The one concrete takeaway we can all hold fast to in these uncertain times is that, whilst the penalties may be a lot more sizeable, the rules for how the game is played remain very much the same.
What can you do to ensure that the personal data that you hold is adequately protected?
If you would like to discuss any concerns that you have around the personal information that you process on behalf of your customers, service-users, pupils, congregations, tenants or staff, please get in touch with Eeshma Qazi.
International Women’s Day is not just another event in the calendar. Striving for social equality is a daily mission as we work towards building a society of gender equality.
Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
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