header-logo header-logo

Trading in personal data could mean jail

15 February 2009
Issue: 7260 / Categories: Legal News , Data protection
printer mail-detail

Private detectives and journalists who misuse personal data could be jailed in future.

Last week, the Department for Constitutional Affairs (DCA) announced it would be amending s 60 of the Data Protection Act 1998 (DPA 1998) to raise the punishment to up to six months imprisonment on summary conviction, and up to two years imprisonment on conviction on indictment.

Currently, it is an offence punishable by a fine of up to £5,000 on summary conviction or unlimited on conviction on indictment, under s 55 of the Act for anyone “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 amendments follow concernsraised in the DCA consultation paper, Increasing Penalties for Deliberate and Wilful Misuse of Personal Data, launched last July, and in an earlier information Commissioner’s Office report that existing penalties were an insufficiently strong deterrent.

Richard Thomas, the Information Commissioner, says: “A custodial sentence will act as a deterrent for individuals who are tempted to obtain or disclose personal information unlawfully.”

Data protection specialist Peter Carey, editor of the Privacy and Data Protection Journal, says he expects custodial sentences will be reserved for repeat and serious offenders.

“I think the courts will welcome the extra power that they will have and will use it appropriately. I support the use of custodial sentences because some of the things done which give rise to the offence are very serious invasions of people’s privacy.

“Section 55 is very specific and narrowly drawn and should not inhibit normal investigative journalism although some tabloid journalists who take things too far will be at risk as will private detectives who operate in an unlawful way.”

A spokesperson from the human rights group Liberty says: “Data protection rights are very important and this increased penalty, provided it is not used unnecessarily, doesn’t alarm us unduly.”
 

Issue: 7260 / Categories: Legal News , Data protection
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll