A solicitor who received a record fine for failing to notify under the Data Protection Act 1998 has had his fine slashed by more than two-thirds on appeal, it has emerged, after the Information Commissioner's Office (ICO) last month highlighted the original fine as a warning to all solicitors.

Ralph Donner, a partner at Feld McKay & Donner in Rochdale, had the fine reduced from £3,150 to £1,000 in June, and was awarded appeal costs.


The court ruled that there had been mitigating factors in Mr Donner's failure to notify and that he had not disregarded the regulations. He had believed an exemption for small businesses under the Act applied.


Mr Donner was the eighth solicitor to be prosecuted by the ICO in the space of 12 months, and the original fine was the highest imposed on a solicitor so far.



The ICO cited the case as it launched a crackdown on solicitors who have failed to comply with their duties to register as data controllers (see [2005] Gazette, 18 August, 4). A spokesman admitted last week that it should have included the result of the appeal in the press information it released. He added: 'We are disappointed that the fine was reduced but this does not lessen the seriousness of the offence.'



Mr Donner said the appeal judgment spoke for itself.