Tribunal set to hear only second ever appeal over ICO fine for data breach

Only the second ever appeal to the First-tier Tribunal over a fine imposed by the Information Commissioner’s office for a breach of data protection laws will be heard next week.

Scottish Borders Council was hit with a record fine for local government of £250,000 in September 2012 after pension records for former employees were discovered in an over-filled paper recycling bank.

The ICO accused the local authority of failing to put in place appropriate controls when outsourcing the destruction of confidential information.

Scottish Borders subsequently paid up within the prescribed time limit to take advantage of a 20% discount, although it added that this was done “with the caveat that [the council] reserved the right to appeal”.

The hearing before the FTT will start on 20 March and is set to last three days.

The first appeal – over a £90,000 fine – was brought by the Central London Community Healthcare Trust.

However, in a ruling issued in January the FTT came down firmly on the side of the Information Commissioner. (For Local Government Lawyer’s extensive report on the ruling, click here)

The tribunal also refused to give the NHS trust permission to appeal to the Upper Tribunal, leaving the trust with the option of applying direct.