08 February 2007

Department for Constitutional Affairs

http://www.dca.gov.uk

Tougher Penalties for Misuse of Personal Data

Tougher penalties for misuse of personal data

For the first time courts will be able to jail people who trade in - or deliberately misuse - the personal data of others, in a move to crack down on the illegal trade in personal information announced by the Department for Constitutional Affairs today.

The decision follows a public consultation on increasing penalties for deliberate and wilful misuse of personal data and is part of the Government's strategy on data sharing to deliver better public services to individuals.

The Government has been increasingly concerned about an apparent growth in the trade in personal data. Current penalties of a fine in the Data Protection Act 1998 (DPA) have not provided a sufficiently strong deterrent. These concerns were highlighted in special reports to Parliament by the Information Commissioner, What Price Privacy, and What Price Privacy Now?

Lord Falconer, Secretary of State for Constitutional Affairs and Lord Chancellor, said:

"We are determined to do all we can to stamp out this intrusive and illegal trade.

"People have a right to have their privacy protected from those who would deliberately misuse it and I believe the introduction of custodial penalties will be an effective deterrent to those who seek to procure or wilfully abuse personal data.

"Greater data-sharing within the public sector has the potential to be hugely beneficial to the public and is wholly compatible with proper respect for individuals' privacy. One of the essential ways of maintaining that compatibility is to ensure the security and integrity of personal data once it has been shared."

Section 55 (4-8) of the DPA makes it an offence to sell or offer to sell personal data which has been (or is subsequently) obtained/ procured knowingly or recklessly without the consent of the data controller.

The Government intends to amend section 60 of the DPA to increase the penalties available to the Courts. Currently section 60 provides for:

* On summary conviction, a fine not exceeding the statutory maximum; and
* On conviction on indictment, a fine (unlimited).

To deter people from trading in personal data, the Government intends to amend section 60 of the DPA to allow for, in addition to the current fines:

* On summary conviction, up to six months imprisonment (increased to twelve months imprisonment in England and Wales when s154 of the Criminal Justice Act 2003 comes into force); and
* On conviction on indictment, up to two years imprisonment.

The Government will introduce this amendment when Parliamentary time allows.

Notes to Editors

1. The consultation paper Increasing penalties for deliberate and wilful misuse of personal data was launched on 24 July 2006. The consultation closed on 30 October 2006, and the responses largely supported the introduction of custodial penalties. A summary of responses can be viewed at: [insert link]

2. Section 60 of the Data Protection Act 1998 currently provides for:
* On summary conviction, a fine not exceeding the statutory maximum (currently £5,000); and
* On conviction on indictment, a fine (which is unlimited).

3. The Information Commissioner promotes public access to official information and protects personal information. The ICO is an independent body with specific responsibilities set out in the Data Protection Act 1998, the Freedom of Information Act 2000, Environmental Information Regulations 2004 and Privacy and Electronic Communications Regulations 2003.

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