Supplementary memorandum by the Home Office
Officials from the Home Office and the Department
of Trade and Industry gave evidence to the Committee on 29 November,
and thought it would be helpful to provide the Committee with
further information which supplements the response to the question
about the lack of effective legal sanctions to prevent abuse of
personal data (Q 17).
In the answer it was highlighted that the Department
for Constitutional Affairs (DCA) recently consulted on the Information
Commissioner's recommendation that the penalties for a breach
of section 55 of the Data Protection Act (DPA) be increased to
a maximum penalty of two years imprisonment and/or a fine. However
the timetable for the consultation process was unknown.
The Government is very keen to tackle the misuse
of personal data where it occurs, which is why the DCA's consultation
on an increase in the section 55 DPA penalties seeks to establish
whether this was the right way forward. The consultation closed
on 30 October 2006 and responses are now being considered. A summary
of responses will be published on the DCA website in the coming
months.
It may also be helpful for the Committee to
note that the proposals would increase the penalties available
to the Courts to enable those guilty of offences under section
55 of the DPA to be imprisoned for up to two years on indictment
and up to six months on summary conviction (the current penalties
on summary conviction are a fine not exceeding the statutory maximum
£5,000, and on indictment, an unlimited fine). This would
address those who profit from the illegal trade in personal information
or who deliberately give out personal data to those who have no
right to see it. The proposed changes reflect how seriously the
Government wishes to treat those who abuse trust placed in them
by their employers, or those who cajole information from organisations
for personal gain.
11 December 2006
| 
