Data Protection And Privacy Update: UK Enforcement Steps Up A Gear

UK data protection enforcement has definitely stepped up a gear in recent weeks.

Last week, the Government announced that it is to introduce custodial sentences of up to two years imprisonment for those found guilty of knowingly or recklessly:

• obtaining or disclosing personal data from data controllers without their consent; or

• selling such personal data.

Although there are various statutory defences, these can be difficult to make out. For example, it is a defence to show that the disclosure of the personal data was justified as being "in the public interest". "Public interest" is a very elusive concept but what is clear is that it is not the same as what is interesting to the public.