How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
In the first case involving the appeal of a monetary penalty notice (MPN) to be heard at the Upper Tribunal (Administrative Appeals Chamber), the Central London Community Healthcare NHS Trust lost its appeal against an MPN issued for £90,000 by the Information Commissioner (IC) following a data breach. The Trust had mistakenly faxed patients' sensitive medical details to a member of the public on numerous occasions and self-reported the breach to the IC. The Tribunal held that the IC was not prevented from serving an MPN where a breach was self-reported, regardless of whether a data controller subsequently co-operated.
Although the decision illustrates that self-reporting does not provide immunity from MPNs, organisations should not be deterred from self-reporting, as the IC has previously taken it to be a mitigating factor when considering the level of MPNs.