Government to jail data thieves

For the first time courts will be able to jail people who trade in - or deliberately misuse - the personal data of others, the government announced yesterday.



Unveiled by constitutional affairs minister Lord Falconer, the unprecedented powers are designed to "crack down on the illegal trade in personal information."



The decision follows a public consultation, and is part of the government's strategy on data-sharing, underpinned by the aim of better public services for taxpayers.



Under the outgoing Data Protection Act, hefty fines can be handed to those who sell or offer personal data, which has been acquired or bought without consent of the data controller.



But these penalties have not proved to be a "sufficiently strong enough deterrent," in light of "the apparent growth" in the trade of personal data, the government said.



As a result, Section 60 of the act will be updated, to allow courts to impose jail sentences for six months, or, up to two years in the most serious cases.



"People have a right to have their privacy protected from those who would deliberately misuse it and I believe the introduction of custodial penalties will be an effective deterrent to those who seek to procure or wilfully abuse personal data," Lord Falconer said.



Recently, amendments have been tabled to the Serious Organised Crime Bill, which promise jail sentences to those who knowingly provide false disclosures to anti-fraud agencies.



The updated bill will also allow officials to share data between both the public and private sectors – an unprecedented move that the government claims serves the

public interest.



"People have a right to have their privacy protected from those who would deliberately misuse it and I believe the introduction of custodial penalties will be an effective deterrent to those who seek to procure or wilfully abuse personal data.



"Greater data-sharing within the public sector has the potential to be hugely beneficial to the public and is wholly compatible with proper respect for individuals' privacy," Lord Falconer said.



"One of the essential ways of maintaining that compatibility is to ensure the security and integrity of personal data once it has been shared."