Received an ICO Information Notice?

An ICO Information Notice is a formal legal document issued by the Information Commissioner’s Office (ICO) when it requires specific information from an organisation during an investigation or inquiry. It is a tool the ICO uses to ensure organisations provide the necessary details to determine compliance with data protection laws, such as the UK GDPR and the Data Protection Act 2018.

Purpose of an Information Notice

The ICO issues an Information Notice when:

  • It needs clarity about an organisation’s data processing activities.
  • It is investigating a complaint or potential data protection breach.
  • The organisation has failed to provide requested information voluntarily.

The notice compels the organisation to supply detailed and accurate information within a set timeframe.

What Can an Information Notice Request?

An Information Notice may require an organisation to provide:

  • Documentation about how personal data is processed.
  • Records of compliance efforts, such as privacy policies or data protection impact assessments (DPIAs).
  • Details of a data breach, including how it was managed and reported.
  • Evidence of compliance with a specific aspect of the law, such as how data subject access requests (DSARs) are handled.

The ICO may also request explanations or clarifications about the organisation’s data protection practices.

Legal Obligations for Organisations

Upon receiving an Information Notice, the organisation must:

  1. Respond Within the Deadline: Typically, the ICO specifies a clear timeframe for responding, which must be adhered to.
  2. Provide Accurate Information: Supplying false or misleading information can lead to legal consequences.
  3. Cooperate Fully: Failure to comply with an Information Notice can result in enforcement action, such as a fine or prosecution.

Penalties for Non-Compliance

Non-compliance with an Information Notice is a criminal offence under the Data Protection Act 2018. Penalties can include:

  • Fines (up to £17.5 million or 4% of global turnover, depending on the offence).
  • Prosecution for individuals responsible for non-compliance.

How We Can Help

If your organisation receives an Information Notice, it’s critical to respond appropriately and within the required timeframe. Our experienced legal team can help you:

  • Understand the notice and its requirements.
  • Gather and prepare the requested information.
  • Ensure your response is accurate and compliant.
  • Represent your organisation in further communications with the ICO.

Act Quickly to Protect Your Organisation

Receiving an ICO Information Notice can feel overwhelming, but with the right support, you can navigate the process confidently. Contact us today for expert guidance and ensure your organisation responds effectively.

Our specialist Data Protection Solicitors know that the enquiries we receive are often complex and time sensitive. In certain cases we can offer initial fixed price consultations and would be happy to discuss if you enquiry would be suitable for this route.

For a confidential free discussion, call us today on 01908 414990,  alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.