Theinformation
commissionerhas called on the government to
fight off attempts bycertain sectors of the mediato limit
the courts' ability to jail people who deliberately disclose
others' personal details.
Richard Thomas, the information commissioner, called on the
government to retain Clause 76 of the
Criminal Justice and Immigration Bill, which is currently going
through parliament. Clause 76 would let courts jail anyone
convicted of the existing offences of buying or selling personal
data.
Thomas said, "There have been powerful last-ditch efforts to get
Clause 76 removed from the Bill. [On the other hand] there has been
widespread support for the government's decision to strengthen the
law. If data protection is to be taken seriously, it is vital that
the government and other parties should stand firm against any
possible amendments."
Thomas said he was pleased that government was now taking data
protection, and the need to prevent security breaches, more
seriously.
He said, "This is the government's first legislative opportunity
after recent data losses to demonstrate its seriousness in
safeguarding people's personal information.
"If there is a change of heart on legislation aimed at
deliberate security breaches, the government will find it hard to
convince people that measures aimed at preventing data loss need to
be taken seriously."
He noted concerns in some quarters of the media, but said
responsible journalists have nothing to fear if they could show
they were acting in the public interest.
Thomas called for a jail term for people convicted of disclosing
or obtaining personal details without consent in his 2006 report to
parliament,
What Price Privacy? The proposals were modelled on the
National
Identity Cards Act 2006, which provides for up to two years'
jail for anyone who illegally discloses information from the
National Identity Register (NIR), even though the NIR will not
contain individuals' sensitive health and financial details.
The information commissioner also published
new guidance aimed at organisations that experience a security
breach involving personal information. It highlights the importance
of reporting breaches to the ICO, especially where large volumes of
information or sensitive data that could harm the individuals are
involved.