I think you've hit the nail on the head with your comment that "an increase in penalties is only interesting if the penalties are applied". How many people have ever been given the £5,000 fine currently available? I don't know exactly - but it's got to be in single figures.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Tim Turner
Sent: 26 July 2006 08:53
To: [log in to unmask]
Subject: [data-protection] Penalties for DP offences - Consultation
Apologies if this has already been picked up.
The Department of Constitutional Affairs is running a consultation on the penalties of misuse of data - the suggestion is to increase them from fines to the possibility of prison sentences. The document was published on Monday, I think. If you would like the chance to have your say, go to the following website:
http://www.dca.gov.uk/consult/misuse_data/cp0906.htm
<http://www.dca.gov.uk/consult/misuse_data/cp0906.htm>
The point has been made by others (I read the argument on the Spy Blog -http://www.spy.org.uk/spyblog/ <http://www.spy.org.uk/spyblog/> - which is full of Data Protection and surveillance stories if you haven't seen it), but an increase in penalties is only interesting if the penalties are applied. After all, the job of every DP officer would be made that little bit easier if the worst DP offenders actually ended up doing some time. But Data Protection has hardly been over-enforced since its introduction, so perhaps one of the things the DCA should introduce if they decide to increase the penalties is some obligation to apply them.
Tim Turner
Data Protection / FOI Officer
Legal and Property Services
Wigan Council
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