Information Commissioner calls for stiffer sentences for serious data breaches

Updated October 2011

The UK Information Commissioner, Christopher Graham, has called for the courts to have the power to impose custodial sentences for serious cases involving the abuse of another person's personal data.

This follows a recent case in which a former high street bank employee admitted to illegally accessing the details of a victim of a sexual assault perpetrated by her husband. The bank employee claimed that she had accessed the victim's mortgage, bank account details and personal data because she wanted to build a picture of the victim, in an effort to prove that she was lying. Despite the serious nature of the data protection breaches carried out by Mrs Langridge, she was fined £800 and made to pay £400 costs.

Mr Graham made his comments to the Justice Select Committee, in an effort to urge them to commence legislation put in place by parliament in 2008. This legislation would enable the courts to impose custodial sentences in cases where fines were not a sufficient penalty. Although prison sentences would be reserved for only the most severe cases of breaches of privacy, it is Mr Graham's opinion that the increased sentencing powers would act as a deterrent for people considering engaging in this kind of behaviour.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at October 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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