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ARTICLE · 10 NOVEMBER 2009

Tougher Sanctions For Data Protection Act Breaches - From April 2010?

Olswang
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Various measures to toughen UK data protection enforcement have been in the pipeline for some time. Recent statements by the the Ministry of Justice indicate that certain of these could be brought into force as soon as next "red tape day", i.e. 6 April 2010.

United KingdomPrivacy
Claire Walker
Claire Walker

Various measures to toughen UK data protection enforcement have been in the pipeline for some time. Recent statements by the the Ministry of Justice indicate that certain of these could be brought into force as soon as next "red tape day", i.e. 6 April 2010. Part of the problem with tracking the myriad proposed changes to UK data protection legislation is that they are currently dotted about in various Bills, Acts and SIs, all at different stages of the legislative obstacle race. This Datonomist does not mind admitting she finds it hard to keep up!

The first of the changes on the near hoizon is the proposal to introduce custodial sentences of up to two years for the offence under section 55 of the DPA of knowing or reckless misuse of personal data. This is contained in an MOJ consultation paper published on 15 October. As Datonomy readers may be aware, such proposals have been on the table since the Commissioner's 2006 report "What price privacy" . The plans have been

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