Council pays ICO fine to get discount - but ploughs ahead with appeal

Scottish Borders Council has become the second public body to launch an appeal against the size of a monetary penalty issued by the Information Commissioner’s Office.

The local authority was hit with a record fine for local government of £250,000 last month over its failure, according to the ICO, to put in place appropriate controls when outsourcing the destruction of confidential information.

Pension records for former employees were discovered in an over-filled paper recycling bank.

A statement on the Scottish Borders website revealed that it had paid up to take advantage of a 20% discount on the total fine “with the caveat that [the council] reserved the right to appeal”.

The ICO is understood to have until 2 November to file its reply to the appeal.

Scottish Borders said it expected that a three-judge panel at the Information Tribunal would make its decision by the end of January 2013.

The first public sector organisation to launch an appeal was the Central London Community Healthcare NHS Trust.

A hearing over its £90,000 fine is set to go before the tribunal in early December.

The ICO has levied almost £2.5m in monetary penalties over the last 12 months. The monies paid go to the Treasury’s Consolidated Fund, rather than the watchdog.

See also:

Once more unto the breach: Philip Hoult

Getting data destruction right: Alison Deighton

Data privacy breaches and outsourcing: Alison Deighton