By Andy McCue, 25 July 2006 15:00
NEWS
The government is proposing to introduce tough new penalties that could see identity thieves jailed for up to two years.
Under the current law, breaches of the Data Protection Act can only be punished with fines through the courts.
The government is proposing to amend this to allow for - in addition to the existing fines - up to six months' imprisonment on summary conviction and up to two years in jail if convicted on indictment.
The Department for Constitutional Affairs (DCA) will first undertake a public consultation on the new sentencing proposals.
The government's change in tact follows a warning by the UK's data protection watchdog information commissioner Richard Thomas earlier this year, in the report What Price Privacy?, that current penalties are not proving an effective deterrent to ID thieves.
Responding to the DCA consultation, he said: "These proposals will help by ensuring that anyone who might be tempted to misuse personal information for private gain knows that they could go to prison if they do so."
Lord Chancellor, Lord Falconer, said the new punishments will cover "deliberate and wilful misuse" of personal information and that front-line public sector staff who make an error of judgement while sharing data will not be penalised.
The DCA consultation is open until 30 October 2006.
Comments
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1. Roger Huffadine
Did someone change the DPA? I thought the DPA covered the storage and use of data. Identity theft is about more than information gained from a source covered by the DPA. Going through dustbins is one of the best ways of stealing an identity and I don't recall that being specified as illegal in the DPA.
2. anonymous
I/D thieves getting 2 years imprisonment,how stupid.So you can thieve thousands from I/D theft and get 2 years .yet you get life I.P.P. for a violent crime where you have stolen nothing. If you are a child molester you get next to nothing because the prisons are full.
3. anonymous
Considering the YEARS of misery these CRIMINALS cause, I would think two years is a light sentence.
Take into account the victims loss of creditworthiness, the hassle involved in reestablishing their identity, and all the compunded problems, I would like to see the prison sentence be as long as it takes for the victim to get back their true identity, which can take a lifetime.
Two years is nothing to these people. They make Millions from ID theft (the UK Government can vouch for that (benefits office)), and all they will do is hide the proceeds, do the time and emerge rich men.
I would also like such people be prohibited from ever using a PC again.
These people leave devastation and misery in their wake, hit them HARD, At least THREE times.
4. anonymous
The quote below bothers me. I was recently talking to a lady who is acting as foster parents to 2 East Euopean children. This lady had submitted 2 sets of passports obtained at great time-cost from the Embassy concerned only for the passports to be 'lost' at the Home Office on both occasions. It is highly likely these were stolen from within. I would like to know what provisions there are going to be to punish severely any public servant implicated in such behaviour. What are the Managers in Government doing to implement monitoring and control over these staff?
"""Lord Chancellor, Lord Falconer, said the new punishments will cover "deliberate and wilful misuse" of personal information and that front-line public sector staff who make an error of judgement while sharing data will not be penalised""""