Does quashing the Scottish Borders Monetary Penalty mean a change to ICO enforcement policy?
28 August 2013
1 Comment
I have just read the Scottish Borders Tribunal Decision and the reasons why the Tribunal quashed the Commissioner’s Monetary Penalty Notice (MPN). It is clear from the judgment that the Tribunal thinks that the Information Commissioner (ICO) should have served an Enforcement Notice. The Tribunal has hinted that ICO should, even at this late stage, serve an Enforcement Notice and that Scottish Borders should accept it. The fact that the Tribunal’s Decision is designated to be “Preliminary Decision” means that
