It really is time the UKIC used his teeth.
Part of the problem is that the process is unwieldy, I think. All that
communication and education and enforcement before considering a prosecution
seems very arduous.
Tim Trent - Consultant
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-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 26 July 2006 12:19
To: [log in to unmask]
Subject: Re: [data-protection] Penalties for DP offences - Consultation
See http://www.bcs.org/upload/amaxus_pdf/amaxus_conWebDoc_2751.pdf ("British
Computer Society Annual Review 2006)
"DATA PROTECTION ACT 1998 OVERVIEW
Lindsay Jordan and Stephen Avila of Birkett Long Solicitors look at the
significance of the Act."
"Thirty-three convictions were made under the Act in 2001/02 with fines
ranging between £50-5,000, whilst 80 convictions were made under the Act in
2002/03.
In 2003/04, 47 convictions were made under the Act including one conviction
that resulted in a fine of £10,000 and a costs order of £5,000. This is one
of the largest financial penalties imposed by a court on an individual for
offences under the Act."
Nick Landau
----- Original Message -----
From: "Carter, Antoinette (MCS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, July 26, 2006 12:01 PM
Subject: Re: [data-protection] Penalties for DP offences - Consultation
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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