ICO calls for tougher penalties for data trafficking

By Parliamentary Reporter

28 Apr 2011

Comment: 1

ICO's Christopher Graham

Information Commissioner Christopher Graham has called for tougher legislation to crack down on an illegal trade in personal data worth "millions of pounds".

Giving evidence on the "hugely profitable" trade to the Commons Home Affairs Committee, Graham said serious breaches of the Data Protection Act should carry a two-year prison sentence rather than a fine.

Further reading

Asked by committee chairman Keith Vaz if the illegal profits being made run into millions of pounds, he replied: "Yes".

He warned MPs that existing data protection law has become technologically obsolete because of the way the internet has evolved and that changes were needed so offences are treated more seriously than the equivalent of "stealing office stationery".

He said the law on interception was drafted "for the wire tap age" and "we are now talking about the internet, deep packet inspection and online behavioural advertising".

He said existing law "is very very unclear and very, very uneven" and it was down to himself, the surveillance commissioner and the "interim closed circuit television commissioner" to enforce "a patchwork regime for hacking and blagging and interception".

The committee is investigating the extent of mobile telephone tapping in the wake of the News International apology for the way voicemail messages to some celebrities were intercepted by journalists and a private detective working for the News of the World.

Reader comments

THE DANGERS OF INFORMATION RESTRICTION

Having been a PI for some 51 years now - Information could be described as the lifeblood, not just of the Investigator, but for everybody in a civilized country! It is the proper assimilation and use of info that enables important life decisions to be made. The attitude of modern lawmakers seems to be to criminalize those who in their daily work access and extract information for completely lawful use! Surely it would be a sensible step to build into the law an element of "purpose". If data is acquired to enable fraud or id theft - plainly criminal and to jail!! if Data is acquired to catch a Fraudster or ID Thief - Not criminal? If somebody feels their Data has been taken for any purpose other than Theft, Civil Case - Sue for Damages - let the Civil Court create the deterrent by levels of Damages awarded? Our IC is slowly by surely reversing a societal role Criminals become Data Victims and are protected by their Data being "off-limits" and the Investigators become Data Criminals !! Time to empty the jails of Murderers and Rapists to make more room for PI.s and Journalists! Controlled Access to data is the simple answer - Not a total and ever increasing restrictive attitude. If PI.s could apply on behalf of Clients to access Data having demonstrated good purpose to a Court Registrar, Magistrate or IC Officer surely Society would be better served

Ian (D. Withers) Private Investigator since 1960 - UK 079 7064 5420

Posted by: IAN D WITHERS  29 Apr 2011

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