Information commissioner Richard Thomas has called for
jail sentences of up to two years for people caught illegally
trading in personal data.
Thomas made the call as he presented a report to parliament
using special powers under the Data Protection Act.
The report, What price privacy? is based on investigations
carried out by the Information Commissioner’s Office and reveals
evidence of a large scale market in personal information, including
addresses, telephone records and bank account details.
It describes a “pervasive and widespread” industry, in which
personal data is supplied by private investigators and tracing
agents, often through several intermediaries, and is bought by
financial institutions and local authorities wishing to trace
debtors, fraudsters, estranged spouses and journalists.
The ICO has constructed a “tariff” of charges for data, based on
its investigations, which revealed that one tracing agent charged
up to £120,000 a month, while information on telephone accounts was
sold for up to £750 a time.
The information was usually obtained by paying staff,
impersonating target individuals or officials, the report says.
Thomas said, “Low penalties devalue this serious data protection
offence in the public mind and mask the seriousness of the crime,
even within the judicial system. They do little to deter those who
seek to buy or supply private information that should remain
private.
“We are proposing the introduction of a prison sentence of up to
two years for people convicted by the crown courts and up to six
months for those found guilty by magistrates.”
He added that plugging data security gaps was “ever more urgent
as the government rolls out its programme of joined-up public
services and joined up computer systems”.