The UK’s data protection regulator is trialling a new approach to public bodies that eschews fines but demands improved standards and the sharing of lessons learned. PublicTechnology finds out more.
In the years, months and weeks that preceded the implementation of the General Data Protection Regulation, attention seemed to be largely focused on the question of how those who contravened the new law might be punished.
Which, the analysis and media coverage seemed to agree, would be severely, and squarely in the wallet.
When it came into effect five years ago, the legislation – a facsimile of which was, effectively, passed into UK law after Brexit – provided for organisations to be hit with fines of up £17.5m or 4% of their global turnover. Which, in the case of Facebook or Google, for example, would respectively equate to about £3.8bn and £9.6bn.
In the latter case, this number is about 19,000 times higher than the flat figure of £500,000 that, until 2018, represented the maximum financial penalty that was available to the Information Commissioner’s Office.
Perhaps, then, it is no wonder that all the pre-GDPR headlines focused on kind of astronomical sums the regulator would soon be able to demand from those that broke the rules.
What few expected was that the ICO would decide, in one important area of its work, to actually reduce the scale of the fines issued. And, in those cases, by approximately 100%.
But, in June 2022, commissioner John Edwards announced that the watchdog would be taking a “revised approach” to working with the public sector. The new model, which is now a little way past the halfway point of a two-year trial, focuses not on fines but on working with organisations to raise standards.
Since adopting this approach, the regulator has not imposed a single monetary penalty on a government body. But it has ramped its use of formal public reprimands and, in many cases, these have been accompanied by media commentary reminding those being censured of their data-protection responsibilities, and the potential consequences of failing to meet them.
This was exemplified by a recent announcement in which the ICO warned about the potentially life-endangering impact of data breaches, as it revealed details of seven recent reprimands issued following incidents that had involved the personal information of domestic abuse victims. Among the organisations named and shamed were the Department for Work and Pensions and South Wales Police, joining a growing number of public bodies that have been reprimanded in the past 15 months or so.
“For people in the market end of the economy, it’s the shareholders who suffer, rather than the customers… but, if it’s service users of a public service, there’s a risk of fines further [impacting] the victims of the data breach’.”
Stephen Bonner, ICO
Stephen Bonner, deputy commissioner for regulatory supervision at ICO – a role which includes overseeing enforcement activities – tells PublicTechnology that the aim of the new approach is to ensure effective deterrence, while not further punishing those impacted by the original offence.
“For commercial entities, fines are a very effective deterrent; if you have shareholders, if you have bonuses for senior executives based on their financial performance, then the incentive to avoid regulatory fines is built in,” he says. “But harming profits is not an effective deterrent within [the public sector]. So, we are much more interested in using tools within our toolkit that do impact those organisations – and particularly… the reprimand, which is drawing public attention. And we’ve definitely seen many organisations in the public sector arguing with strength and passion that the reprimand would harm trust – and that there is a consequence for them. So, we are comfortable that the aim of this experiment has been to see, for those that are not profit-seeking, can we use other tools in our toolbox that would more effective at changing their behaviour?”
He adds: “For people in the market end of the economy, it’s the shareholders who suffer, rather than the customers – because they have freedom of choice move to competitors if the price of that product goes up because they’re having to pay extra fines. But, if it’s service users of a public service, there’s a risk of fines further [impacting] the victims of the data breach.”
June 2022
Date on which the ICO embarked on its ‘revised approach’ to the public sector
4%
Proportion of an organisation’s turnover that the regulator can now issue a fine equating to
Seven
Number of organisations recently reprimanded for data breaches relating to domestic abuse victims
Two years
Length of trial of ICO’s new public sector approach
Bonner stresses that ‘experiment’ is the appropriate word to describe the initiative and that the ICO’s team are dedicated to being “good scientists” who, once the two-year year trial has reached its conclusion, will study the evidence to ascertain the impact. And will not make an ultimate judgement on its success – or how its learnings may be carried forward – before then.
But he adds that the – anecdotal – evidence so far is that, without the spectre of financial losses looming over every mistake, organisations are less likely to take an approach of “how do we avoid the fine, rather than how do we get to a good outcome?”.
“It also shows we understand the pressures they’re under and recognise that funding may be very tight, and therefore things that might impact on that funding further may not be the most effective use of resources,” Bonner says. “Instead: can we get them to the outcome that they need? And can they then help others to do that? Because it’s not just cooperation with us – it’s cooperation with the ecosystem, to raise standards everywhere. That is vital. And cover-ups don’t help anyone.”
Such cooperation is now supported by a various groups of public sector leaders – including one of senior managers from various Whitehall senior managers – that have been created to help define and perpetuate “data protection practices that are fit for the future – across the public sector”.
“There’s an interest in getting this right and making sure that lessons are learned,” Bonner adds. “And we’ve seen as we’ve taken people through reprimands, they’ve made sure their outcomes are shared into these kinds of bodies. We have some convening power – but we also recognise that some groups would be more apt to talk about things without us in the room. And we’re OK with that.”
To BCC or not to BCC
Among the most pressing lessons that many public sector organisations – particularly smaller entities – may still need to learn is not to use the ‘BCC’ function of their email application which, according to Bonner, has been the cause of more than 1,000 data breaches logged by the ICO. This is particularly important for messages concerning the provision of public services related to domestic abuse, or care for various health conditions.
The ICO enforcement chief says: “It’s one that can – at very low cost by just using mail merge, rather than BCC – be engineered out. That capability is included in the main email packages… so, that is one that we hope soon to see disappear. Because it is avoidable, and the consequences can be quite horrific.”
While no fines have been issued to public bodies since the new approach was implement, the regulator has not completely precluded financial enforcement, but will seek to limit its use to penalising the “most egregious” breaches – which are liable to include incidents that might pose a risk to life or constitute those “stepping over not even into negligence, but into willful non-compliance”.
Nevertheless – and as evidenced by a blog written by commissioner Edwards late last year declaring that the ICO is “not ‘going easy on government” – the data watchdog’s new approach to the public sector is going up against a school of thought that inherently “equates big fines with being regulated”, according to Bonner.
“And, if there are fewer big fines, that must mean [organisations] are not getting as regulated. But I absolutely reject that,” he says. “It makes a great soundbite, to have harsher penalties. But, actually reflecting on why these things happen, it is very, very rare that an organisation goes: ‘You know what? We’re going to leak all this data. And we’re not that bothered about [it]… we can budget for the fines [as a] cost of doing business, and we’ll carry on doing that’.”
He adds: “Having sat on the boards of organisations, that isn’t how those decisions are made.”
When asked how the affect of the ICO’s new-look approach to government could be measured, Bonner reinforces the importance of enabling and ensuring better decisions. The success of the strategy can be measured in “outputs and outcomes”, he says.
“If organisations understand the risks they face, they make better risk decisions,” he adds. “Many of the choices people have made that have led to these incidents were generally not a [case of]: ‘We don’t care about users, we’re going to just do this – and they’re going to suffer, but it will let us achieve what we want to do”.
“They have a misguided a conception of the risks they’re facing that is, unfortunately, inaccurate. So, one of the outputs we expect is greater sharing, and greater knowledge, with the public sector coming together to share experiences and learn from the mistakes of others, so they don’t to be repeated… then the outcome of that, we hope, is that it leads to reduction in harm.”
This piece is truly outstanding. Thank you for putting this together. You’ve shared something truly valuable. Be sure to explore this Tumblr post on Kanye West posters. If Kanye West inspires you, this content is definitely worth a visit. There’s so much to admire here. Would love to see more insightful articles from you in the future! https://www.tumblr.com/kanye-west-posters/751574461874094080/kanye-west-posters
mexico drug stores pharmacies: Mexican Easy Pharm – mexico drug stores pharmacies
mexican pharmaceuticals online https://mexicaneasypharm.com/# pharmacies in mexico that ship to usa
mexico drug stores pharmacies
purple pharmacy mexico price list https://mexicaneasypharm.shop/# Mexican Easy Pharm
mexico drug stores pharmacies
mexico drug stores pharmacies https://mexicaneasypharm.com/# reputable mexican pharmacies online
purple pharmacy mexico price list
https://kamapharm.com/# Kama Pharm
prednisone 25mg from canada
https://kamapharm.shop/# Kama Pharm
prednisone 20 mg
http://cytpharm.com/# CytPharm
order prednisone on line
https://dappharm.com/# Priligy tablets
where can i buy prednisone online without a prescription
http://cytpharm.com/# buy cytotec in usa
prednisone 60 mg
https://kamapharm.com/# buy Kamagra
prednisone 10 mg brand name
https://predpharm.com/# Pred Pharm
54 prednisone
https://kamapharm.shop/# Kamagra 100mg price
how much is prednisone 5mg
Your article helped me a lot, is there any more related content? Thanks!
https://dappharm.com/# dapoxetine online
prednisone uk over the counter
http://cytpharm.com/# CytPharm
prednisone 300mg
http://kamapharm.com/# Kama Pharm
compare prednisone prices
http://cytpharm.com/# cytotec buy online usa
prednisone over the counter uk
https://kamapharm.com/# Kama Pharm
prednisone 50
http://predpharm.com/# 10mg prednisone daily
buy prednisone 20mg without a prescription best price
https://farmaprodotti.com/# Farmacia online miglior prezzo
acquisto farmaci con ricetta
https://farmabrufen.com/# BRUFEN prezzo
farmacie online affidabili
http://farmaprodotti.com/# comprare farmaci online con ricetta
top farmacia online
https://farmasilditaly.shop/# cerco viagra a buon prezzo
Farmacie online sicure
https://farmatadalitaly.shop/# farmacia online senza ricetta
farmacia online piГ№ conveniente
miglior sito per comprare viagra online viagra farmacia alternativa al viagra senza ricetta in farmacia
http://farmasilditaly.com/# siti sicuri per comprare viagra online
comprare farmaci online all’estero
п»їFarmacia online migliore: BRUFEN prezzo – farmacia online piГ№ conveniente
farmacia online senza ricetta
The casino experience is memorable and unique.: phmacao com login – phmacao
https://winchile.pro/# п»їLos casinos en Chile son muy populares.
Promotions are advertised through social media channels.
The casino industry supports local economies significantly. http://jugabet.xyz/# La ruleta es un juego emocionante aquГ.
winchile casino winchile casino Las aplicaciones mГіviles permiten jugar en cualquier lugar.
п»їCasinos in the Philippines are highly popular.: phmacao.life – phmacao casino
http://phmacao.life/# Cashless gaming options are becoming popular.
The Philippines offers a rich gaming culture.
Las aplicaciones mГіviles permiten jugar en cualquier lugar.: winchile.pro – winchile
Players can enjoy high-stakes betting options. https://taya365.art/# Casino promotions draw in new players frequently.
https://taya777.icu/# Many casinos have beautiful ocean views.
Loyalty programs reward regular customers generously.
Casinos offer delicious dining options on-site.: phmacao club – phmacao casino
Las mГЎquinas tienen diferentes niveles de apuesta.: win chile – winchile.pro
win chile winchile Los casinos garantizan una experiencia de calidad.
Slot machines feature various exciting themes. http://taya365.art/# Players can enjoy high-stakes betting options.
https://winchile.pro/# Los bonos de bienvenida son generosos.
The Philippines has a vibrant nightlife scene.
Gambling can be a social activity here.: phtaya login – phtaya.tech
Live dealer games enhance the casino experience.: taya365 – taya365
http://phmacao.life/# The Philippines offers a rich gaming culture.
The thrill of winning keeps players engaged.
The ambiance is designed to excite players. http://phtaya.tech/# High rollers receive exclusive treatment and bonuses.
Las aplicaciones mГіviles permiten jugar en cualquier lugar.: winchile.pro – winchile casino
The casino industry supports local economies significantly.: phtaya login – phtaya.tech
jugabet jugabet chile Los casinos celebran festivales de juego anualmente.
https://jugabet.xyz/# La mayorГa acepta monedas locales y extranjeras.
Manila is home to many large casinos.
Some casinos feature themed gaming areas. https://winchile.pro/# Las aplicaciones mГіviles permiten jugar en cualquier lugar.
https://phtaya.tech/# Loyalty programs reward regular customers generously.
Slot machines attract players with big jackpots.
Promotions are advertised through social media channels.: taya777 – taya777
Players can enjoy high-stakes betting options.: phtaya – phtaya login
https://jugabet.xyz/# Los juegos en vivo ofrecen emociГіn adicional.
Casinos offer delicious dining options on-site.
winchile winchile casino Los jugadores deben jugar con responsabilidad.
Slot machines attract players with big jackpots.: taya365 login – taya365
La competencia entre casinos beneficia a los jugadores.: winchile.pro – winchile.pro
https://phmacao.life/# Cashless gaming options are becoming popular.
The casino experience is memorable and unique.
The Philippines has several world-class integrated resorts. https://jugabet.xyz/# La adrenalina es parte del juego.
Visitors come from around the world to play.: taya777 register login – taya777 app
Online gaming is also growing in popularity.: phmacao – phmacao.life
http://taya365.art/# The gaming floors are always bustling with excitement.
Slot machines feature various exciting themes.
taya365 com login taya365 com login Casino visits are a popular tourist attraction.
Many casinos offer luxurious amenities and services. http://phmacao.life/# The thrill of winning keeps players engaged.
The ambiance is designed to excite players.: taya777.icu – taya777 register login
Loyalty programs reward regular customers generously.: taya365 login – taya365 login
https://taya365.art/# Most casinos offer convenient transportation options.
Players often share tips and strategies.
Loyalty programs reward regular customers generously. https://jugabet.xyz/# Los casinos garantizan una experiencia de calidad.
http://taya777.icu/# Some casinos feature themed gaming areas.
Some casinos have luxurious spa facilities.
Poker rooms host exciting tournaments regularly.: phtaya.tech – phtaya
Game rules can vary between casinos.: phmacao – phmacao.life
https://taya365.art/# The thrill of winning keeps players engaged.
Many casinos host charity events and fundraisers.
Los pagos son rГЎpidos y seguros.: jugabet.xyz – jugabet
Loyalty programs reward regular customers generously.: taya777 – taya777 login
http://taya365.art/# Casino visits are a popular tourist attraction.
A variety of gaming options cater to everyone.
La competencia entre casinos beneficia a los jugadores.: winchile.pro – win chile
Poker rooms host exciting tournaments regularly. http://phtaya.tech/# Slot tournaments create friendly competitions among players.
Visitors come from around the world to play.: phtaya – phtaya.tech
https://taya365.art/# High rollers receive exclusive treatment and bonuses.
Slot machines attract players with big jackpots.
phtaya phtaya.tech Casinos often host special holiday promotions.
Poker rooms host exciting tournaments regularly.: taya777 register login – taya777
https://taya777.icu/# Resorts provide both gaming and relaxation options.
High rollers receive exclusive treatment and bonuses.
Casino promotions draw in new players frequently.: taya777 – taya777
https://phmacao.life/# High rollers receive exclusive treatment and bonuses.
Promotions are advertised through social media channels.
Slot machines feature various exciting themes.: phtaya.tech – phtaya.tech
taya777 login taya777 app Casino promotions draw in new players frequently.
Some casinos feature themed gaming areas.: phtaya casino – phtaya casino
Gambling can be a social activity here.: phmacao com login – phmacao.life
https://winchile.pro/# La mГєsica acompaГ±a la experiencia de juego.
Online gaming is also growing in popularity.
Los juegos de mesa son clГЎsicos eternos.: jugabet.xyz – jugabet.xyz
Loyalty programs reward regular customers generously.: phmacao.life – phmacao com
The thrill of winning keeps players engaged. http://taya777.icu/# The casino scene is constantly evolving.
Los croupiers son amables y profesionales.: winchile – win chile
https://taya777.icu/# Online gaming is also growing in popularity.
Security measures ensure a safe environment.
La competencia entre casinos beneficia a los jugadores.: win chile – winchile.pro
п»їLos casinos en Chile son muy populares.: jugabet.xyz – jugabet casino
https://phtaya.tech/# Resorts provide both gaming and relaxation options.
п»їCasinos in the Philippines are highly popular.
winchile casino winchile Muchos casinos tienen salas de bingo.
La seguridad es prioridad en los casinos.: winchile casino – win chile
Many casinos offer luxurious amenities and services.: phtaya login – phtaya
The poker community is very active here.: phtaya – phtaya.tech
http://winchile.pro/# La mayorГa acepta monedas locales y extranjeras.
The ambiance is designed to excite players.
Visitors come from around the world to play.: phmacao.life – phmacao.life
phmacao com phmacao casino Many casinos host charity events and fundraisers.
Responsible gaming initiatives are promoted actively.: taya365.art – taya365.art
The casino atmosphere is thrilling and energetic.: taya777 login – taya777 app
us pharmacy no prescription https://discountdrugmart.pro/# discount drug mart pharmacy
xxl mexican pharm: xxl mexican pharm – medication from mexico pharmacy
online pharmacy non prescription drugs: canadian pharmacy discount code – family pharmacy
canadian pharmacy world coupon code http://familypharmacy.company/# Online pharmacy USA
discount drug mart pharmacy discount drug mart pharmacy discount drug mart
canada online pharmacy no prescription https://xxlmexicanpharm.shop/# mexican border pharmacies shipping to usa
international pharmacy no prescription http://easycanadianpharm.com/# easy canadian pharm
drugmart: discount drug pharmacy – discount drugs
indian pharmacy: MegaIndiaPharm – MegaIndiaPharm
legit non prescription pharmacies https://megaindiapharm.shop/# Mega India Pharm
best online pharmacy no prescription http://xxlmexicanpharm.com/# mexico pharmacies prescription drugs
reliable canadian pharmacy reviews: canadian pharmacy ratings – easy canadian pharm
MegaIndiaPharm online shopping pharmacy india Mega India Pharm
canada pharmacy coupon https://xxlmexicanpharm.com/# buying prescription drugs in mexico
cheapest pharmacy for prescriptions without insurance https://easycanadianpharm.com/# canadian pharmacy sarasota
discount drug mart: discount drugs – discount drugs
online canadian pharmacy coupon http://familypharmacy.company/# Cheapest online pharmacy
online pharmacy delivery usa: online pharmacy delivery usa – online pharmacy delivery usa
legal online pharmacy coupon code discount drug mart discount drug mart pharmacy
prescription free canadian pharmacy https://easycanadianpharm.com/# easy canadian pharm
discount drug mart pharmacy: canadian pharmacy no prescription – drug mart
pharmacies in canada that ship to the us: canadian pharmacy tampa – easy canadian pharm
xxl mexican pharm xxl mexican pharm xxl mexican pharm
Best online pharmacy: Best online pharmacy – Cheapest online pharmacy
reputable online pharmacy no prescription https://easycanadianpharm.com/# canadian pharmacy 24 com
canadian pharmacy no prescription https://xxlmexicanpharm.com/# xxl mexican pharm
discount drug mart: drugmart – discount drugs
online pharmacy delivery usa family pharmacy Best online pharmacy
prescription drugs online http://discountdrugmart.pro/# drugmart
cheapest prescription pharmacy http://megaindiapharm.com/# cheapest online pharmacy india
Online pharmacy USA: online pharmacy delivery usa – Best online pharmacy
canadian pharmacy no prescription https://xxlmexicanpharm.com/# п»їbest mexican online pharmacies
international pharmacy no prescription http://xxlmexicanpharm.com/# xxl mexican pharm
Mega India Pharm: MegaIndiaPharm – MegaIndiaPharm
discount drug mart: discount drug pharmacy – discount drug mart pharmacy
easy canadian pharm easy canadian pharm best canadian online pharmacy reviews
foreign pharmacy no prescription http://megaindiapharm.com/# india online pharmacy
online pharmacy delivery usa: Cheapest online pharmacy – family pharmacy
online pharmacy no prescription https://easycanadianpharm.shop/# easy canadian pharm
canadian pharmacy no prescription needed http://discountdrugmart.pro/# discount drug mart
cheapest prescription pharmacy http://megaindiapharm.com/# Mega India Pharm
canada drugs online reviews: canadian drug prices – easy canadian pharm
Mega India Pharm MegaIndiaPharm MegaIndiaPharm
non prescription medicine pharmacy https://xxlmexicanpharm.shop/# xxl mexican pharm
cheapest pharmacy for prescription drugs http://discountdrugmart.pro/# discount drugs
easy canadian pharm: pet meds without vet prescription canada – drugs from canada
purple pharmacy mexico price list: medicine in mexico pharmacies – xxl mexican pharm
online pharmacy discount code http://discountdrugmart.pro/# drugmart
precription drugs from canada: cheap canadian pharmacy – easy canadian pharm
canadian pharmacy without prescription https://discountdrugmart.pro/# overseas pharmacy no prescription
Cheapest online pharmacy online pharmacy delivery usa online pharmacy delivery usa
family pharmacy: family pharmacy – family pharmacy
prescription drugs online https://discountdrugmart.pro/# drug mart
best canadian pharmacy no prescription https://xxlmexicanpharm.com/# buying prescription drugs in mexico
cheap canadian pharmacy: the canadian pharmacy – canadian pharmacy 24h com safe
online pharmacy discount code https://xxlmexicanpharm.com/# xxl mexican pharm
Online pharmacy USA: cheapest pharmacy to fill prescriptions without insurance – Cheapest online pharmacy
online pharmacy without prescription https://xxlmexicanpharm.com/# mexican border pharmacies shipping to usa
discount drugs discount drug mart discount drug mart pharmacy
canadian pharmacy discount coupon https://megaindiapharm.shop/# reputable indian pharmacies
online pharmacy delivery usa: online pharmacy delivery usa – Best online pharmacy
mexican drugstore online: xxl mexican pharm – xxl mexican pharm
promo code for canadian pharmacy meds https://discountdrugmart.pro/# discount drugs
canada pharmacy not requiring prescription: discount drug mart – discount drug mart
no prescription needed canadian pharmacy https://discountdrugmart.pro/# canadian pharmacy world coupon
MegaIndiaPharm MegaIndiaPharm MegaIndiaPharm
discount drug pharmacy: discount drug mart pharmacy – discount drugs
cheapest pharmacy for prescriptions https://discountdrugmart.pro/# discount drugs
reputable online pharmacy no prescription https://familypharmacy.company/# Online pharmacy USA
pharmacy discount coupons http://discountdrugmart.pro/# discount drugs
mexican mail order pharmacies: pharmacies in mexico that ship to usa – mexico pharmacies prescription drugs
Best online pharmacy Best online pharmacy Online pharmacy USA
canadian pharmacy world coupons https://xxlmexicanpharm.shop/# mexican mail order pharmacies
legit non prescription pharmacies http://familypharmacy.company/# family pharmacy
Mega India Pharm: Mega India Pharm – Mega India Pharm