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MPs call for data protection sentences

 People involved with serious breach of the Data Protection Act should incur custodial sentences, according to MPs on the Justice Committee.

This week, the Justice Committee report recommended to the government that breaking data protection laws can be extremely profitable, and the impact of the crime so severe, that fines are an inadequate deterrent when the financial rewards for illegal behaviour are so great.

"Using deception to obtain personal information – sometimes known as blagging – or selling it on without permission, are serious offences that can cause great harm,” said Sir Alan Beith, the Chair of the Justice Committee.

"Fines are used to punish breaches of data protection laws, but they provide little deterrent when the financial gain exceeds the penalty.

According to the Committee, Magistrates and judges need to be able to hand out custodial sentences when serious “misuses of personal information come to light”. Parliament has provided that power, but ministers have not yet brought it into force.

The Committee also feels that potential misuses of personal data are also not being fully investigated, as the Information Commissioner does not have the power to compel private sector organisations to undergo information audits.

"The Information Commissioner's lack of inspection power is limiting his ability to identify problems or investigate potential data abuses,” added Sir Beith. “Ministers must examine how to enable the Commissioner to investigate properly without increasing the regulatory burden on business or the public sector."

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