Wrong people could end up in jail over data protection breach, says credit body

The Commissioner's plans could result in the jailing of people who thought they were buying legitimate information, according to the head of the Institute of Credit Management (ICM), Philip King.

"This is a sledgehammer to crack a nut," said King. "There is now the very real risk that this will impinge severely on what credit managers do as a regular part of their job."

The Information Commissioner's Office (ICO) recently published a report, 'What Price Privacy?', which recommended to both houses of parliament that the penalties for illegally trading in personal information be raised.

Currently fines up to £5000 in a Magistrates' Court or up to any amount in a Crown Court are payable on conviction. The report recommends raising the penalties to include prison sentences of up to two years, on top of fines.

King said, though, that this raises the prospect of people who believed they were working legally going to jail. "We are concerned that the way in which the Data Protection Act phrases responsibility and liability makes it hazardous," said King. "I personally would be less confident now of instructing a thoroughly reputable company who may then sub-contract it out."

"Someone four or even five levels down the line may be in breach of the Act, but under ICO guidelines I am equally guilty as the original initiator," said King. "That could land me in gaol for two years."

The ICO has issued the recommendations to deal with what it sees as a growing problem of illegal data harvesting.

"Investigations by the ICO and the police have uncovered evidence of a widespread and organised undercover market in confidential personal information," said the report. "Since the Act came into force, the ICO has received a steady number of complaints from individuals who feel their privacy has been breached. Many more cases come to the attention of the ICO through joint working protocols with bodies such as the Department for Work and Pensions (DWP), HM Revenue & Customs (HMRC) and police forces around the country."

The report identified journalists as some of the most common buyers of illegal information and private detectives as the most common suppliers. "Suppliers use two main methods to obtain the information they want: through corruption, or more usually by some form of deception, generally known as ‘blagging’," said the report.

The ICO said that it would issue a follow up report in six months' time.