Data Protection Consulting

In October 2011 the Justice Select Committtee called upon the government to introduce jail terms for breaches of the Data Protection Act.  Current fines are inadequate deterrents because the monetary rewards for illegally obtained data are so great.  Fines were also considered inadequate in cases where people have been endangered by the data disclosed or the disclsoure was particularly traumatic for the victim.  

The Information Commissioner has been calling for some time for custodial sentences for serious data protection offences, particularly those in relation to unlawful obtaining and processing of personal data (section 55 offences under the Data Protection Act 1998).  In response to the pressure, the Criminal Justice and Immigration Act 2008 includes provision for custodial sentences for data protection breaches under section 55 of the Data Protection Act 1998.  The provisions have not yet commenced but can be brought into effect by Order of the Secretary of State.