WIREDGOV

The government yesterday launched a public consultation on whether to introduce prison sentences for those found guilty of offences related to obtaining, disclosing, or selling personal data.

The consultation paper, the knowing or reckless misuse of personal data: introducing custodial sentences, proposes increasing the current maximum penalty from a fine to up to two years’ imprisonment.

The proposed new measure could see those convicted imprisoned for up to two years if the case is heard in the Crown Court, and up to 12 months if heard in the magistrates’ court. The courts will also be able to impose community sentences and fines if appropriate.

Justice Minister Michael Wills, said:

‘The knowing and reckless misuse of personal data is a serious criminal offence. We have been monitoring this illegal trade closely with the help of the Information Commissioner and as there is a great deal of concern about the protection of personal data we think the time has now come to consider a more robust penalty.

‘We are consulting on whether to enable the courts to impose a custodial sentence. A prison term would act as a strong deterrent, ensuring that those who commit this serious criminal offence and seek to profit from the illegal trade in personal data are punished appropriately.’

The government is clear that it does not wish to restrict legitimate data processing in the public interest. Legitimate and responsible journalism has an important place within a democratic society and the government firmly supports the freedom of the press. The consultation will therefore also look at whether an additional defence should be introduced for those acting for the purposes of journalism, art or literature with a view to publishing such material in the reasonable belief that the obtaining, disclosing or selling of the information is in the public interest.

The consultation closes on 7 January 2010.

Notes to editors

1. The consultation paper: the knowing or reckless misuse of personal data: introducing custodial sentences
2. The power to introduce custodial sentences was introduced in the Criminal Justice and Immigration Act 2008. Before bringing forward an order to increase the penalty, the Criminal Justice and Immigration Act 2008 requires that government consult widely on the proposals.
3. The current maximum penalty for those found guilty of offences related to obtaining, disclosing, or selling personal data is a £5,000 fine in the magistrates’ court and an unlimited fine in the Crown Court.
4. For media enquiries, please contact the Ministry of Justice News Desk on 0203 334 3536.