Information Commissioner’s Office fines housing developer for ignoring subject access request

Organisations are reminded that they could face a criminal prosecution if they fail to respect the public’s legal right to access their personal information.

The warning came from the ICO after housing developer Magnacrest Ltd was fined by Westminster Magistrates for breaching data protection laws. The company did not comply with an enforcement notice issued by the ICO and so the regulator prosecuted.

The court heard that an individual had submitted a subject access request on 17 April 2017. Magnacrest, based in Hazlemere, Buckinghamshire, failed to provide the information within the required timescale of 40 calendar days (the timescale under the 1998 Act) and the individual complained to the ICO.

The ICO served an enforcement notice on the company ordering it to comply with the law and provide the requested information.

When the company failed to obey the notice, the ICO brought a criminal prosecution under s 47(1) of the Data Protection Act 1998.

Magnacrest pleaded guilty to a charge of failing to comply with an enforcement notice. It was fined £300, with a £30 victim surcharge, and was ordered to pay £1,133.75 towards prosecution costs. To read the ICO’s press release in full, click here.