British ID thieves face jail time

By Andy McCue
http://news.com.com/British+ID+thieves+face+jail+time/2100-1029_3-6098246.html

The British government is proposing to introduce tough penalties that 
could see identity thieves jailed for up to two years.

Under current law, breaches of the Data Protection Act can only be 
punished with fines through the courts.

The U.K. government is proposing to amend the law, which makes it an 
offense to obtain, disclose or procure the disclosure of personal 
information knowingly or recklessly without the consent of the data 
controller (with some exceptions). The government wants to increase the 
penalties for misuse of personal data to allow for up to six months' 
imprisonment on summary conviction and up to two years in jail if 
convicted on indictment. These are in addition to the existing fines.

The Department for Constitutional Affairs (DCA) will first undertake a 
public consultation on the new sentencing proposals (click here for PDF).

The government's change in tack follows a warning by Richard Thomas, the 
U.K.'s data protection watchdog information commissioner, that current 
penalties are not proving an effective deterrent to ID thieves. He made 
the warning in a report released earlier this year, called "What Price 
Privacy?"


Responding to the news of the DCA consultation, Thomas 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."

The Lord Chancellor, Lord Falconer, who is responsible for the 
functioning of British courts, said the new punishments will cover 
"deliberate and willful misuse" of personal information and that 
front-line public sector staff who make an error of judgment while 
sharing data will not be penalized.

The DCA consultation is open until Oct. 30, 2006.


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