Greg Hurst, Political Correspondent
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MPs are calling for new offences to allow Whitehall departments to be prosecuted for data security blunders such as the loss of child benefit records for 25 million people.
The cross-party Commons Justice Committee says that the criminal law must be strengthened to close loopholes and reflect the gravity of offences involving the theft or loss of personal data. Ministers are already planning to toughen sanctions for data protection offences. Government sources suggest that penalties will include up to two years’ imprisonment rather than fines as at present.
In a report on the protection of private data, the MPs claimed that there was too much focus on raising penalties for current offences and not enough consideration of new offences.
They pointed to loopholes in the Data Protection Act 1988, saying that individuals and private organisations could be held criminally liable for data protection breaches but not government departments or agencies such as Revenue & Customs, which lost two discs of child benefit records last year.
The MPs also called for new offences for the reckless or intentional disclosure of personal information by a government department or business that is a recognised data controller, as demanded by Richard Thomas, the Information Commissioner.
Alan Beith, the Liberal Democrat MP and chairman of the committee, said: “The scale of the data loss by government bodies and contractors is truly shocking but the evidence we have had points to further hidden problems. It is frankly incredible, for example, that the measures [Revenue & Customs] has put in place were not already standard procedure.”
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Does this not just multiply the portals through which Government and State bodies can lose data?
As suggested a crime of "careless handling" with a minimum of 4 years in jail (i.e. real time 2 years).
M. Cawdery, Portadown, UK
I, and many others believe that our personal data is ours and we should be consulted before it is given to all and sundry. Three years ago I complained to the Information Commissioner about Norwich Union placing data in call centres overseas, (outside europe). I was concerned about the security of this data. The information commissioner
rebuked me for suggesting that this information would not be safeguarded sufficiently. Here we are three years later and that same company, (Norwich Union), is fined £1.8 million for data breaches. Fraud was conducted from one of its call centres in India. Millions of customers date was put at risk and hundreds of customers had their data fraudulently used to steal £3 million. Whilst not an expert I could see the danger but the Information Commissioner (IC) just ignored it. Like the FSA the IC is useless in consumer protection - big business won't let them protect customers if it is to their disadvantage.
R.Allely, Cardiff, Wales
This measure cannot come to soon for people like myself who has been the victim of several cases of misused and mishandled as well as 'lost 'data much of a sensitive nature. Those who err when found out act in the most despicable manner and fob people off.The atttitude is shocking and the effects upon someones life can be catastrophic. I have had my life ruined by it. The sooner this is brought in the better.I have had my data mishandled by a GP practice about 10 yrs ago when my medical notes went on holidays without my knowledge to London during a Court case. My legal files have disappeared. My LA have lost and misused my data even relasing sensitive information to the public rendering me a victim of crime. As if that wasnt bad enough a Housing Charity alleges to have lost all my files as well.
You tell me that the above examples alone arent enough to give weight to bringing in tougher legislation!
I wonder how many other people have similar hoor stories to tell?
A Richards, S Wales,
Policies never achieved anything. Just put them on the shelf and say " Yes, we have a policy for that".
The implementation of policies, including staff training, is the only thing that will prevent future breaches of this nature.
This must be supported by a range of appropriate sanctions against those who are in breach.
The suggested offence of "reckless handling of data" just like "reckless driving" would be extremely difficult to prove and would necessitate proof of "intent to lose" or of "having no regard for the possible outcome".
A charge of "Careless handling" should be laid against anyone who contributes to the loss of data - the sanction applied to be appropriate to the level of carelessness and volume / sensitivity of the data involved.
The law must, of course, apply to everyone - no exemptions - no exceptions.
R Bingham, Lauzun, France
In many areas of private or public failures its long been pointless in just fining the companies when the shareholders or taxpayers pick up the costs. Loss of data, MRSA in hospitals and corporate homicide should all involve a penalty against those directly responsible and appropriate recompense for the victims. The costs to an individual for ID theft are incalculable and its no good for a bank or government department to dump the problem on the victim alone. Even a simple case of credit card fraud where the bank eventually picks up the actual fraud costs, it still takes an individual several hours plus phone calls at their expense to resolve the problem. I would propose that in addition to possible criminal charges, where any body has lost data that caused ID theft or fraud, they should immediately reimburse the victim for all direct and INDIRECT costs relating to their shoddy handling of personal data. Only this will focus attention to those who abuse our trust.
Mike, Alicante, Spain
What seems to have been missed on all of the reports is that the goverment has been trying to role out a "new" system called Government Connect which allows local authorities to exchange RESTRICED data between a number of organinsations including Police, NHS, DWP, DCFS and many more. This would in most cases negate the need for the use of couriers. Even with the cases ongoing it is difficult to believe that Local Authorities still see no business case for connectivity even though they are getting it free for possibly 2 years and maybe more. All details on the website http://www.govconnect.gov.uk/
Alan, Doncaster,