For the first time courts will be able to jail people
who trade in the personal data of others, following a move by the
Department for
Constitutional Affairs to crack down on the
practice.
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, under the Data Protection Act, have
not proved a strong enough deterrent. These concerns were
highlighted in special reports to parliament by the Information
Commissioner.
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.”
He said, “Greater data sharing within the public sector has the
potential to be hugely beneficial to the public, but we must ensure
the security and integrity of personal data once it has been
shared.”
The government intends to amend section 60 of the Data
Protection Act to increase the penalties available to the courts.
Currently, the maximum punishment is a fine on conviction, which
the government intends increasing to jail sentences of between six
months and two years.
The government will introduce the amendment to sentencing when
parliamentary time becomes available. It is not yet clear when this
will be.
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