The Department for Constitutional Affairs (DCA) is consulting on proposals to introduce sentences for those involved in the unlawful trade in personal information. Under S55 DPA 1988 it is an offence to obtain or disclose personal data without the consent of the data controller if so done knowingly or recklessly. On summary conviction the fine is £5000; on indictment an unlimited fine (S60). The Information Commissioner wishes to introduce a custodial sentence for those breaching S60 so that either up to 6 months on summary conviction or 2 years on indictment may soon become law. This may catch those unscrupulous individuals who advertise or offer to sell confidential personal information without consent since the DCA will hope this could contribute partially to defeating scam advertising and identity theft-both a growing problem in UK plc.
