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Old 29-04-2008, 22:20   #5118
popper
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

was this mentioned earlyer in the thread, i cant find a link....

http://www.theregister.co.uk/2008/04...ata_amendment/
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Lords defy Government by proposing criminalisation of data rogues

Disclose our info and you'll pay

By OUT-LAW.COMMore by this author
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Published Tuesday 29th April 2008 09:34 GMT

The House of Lords has proposed making it a criminal offence to disclose personal information intentionally or recklessly. The Lords passed an amendment to the Criminal Justice and Immigration Bill, defeating the Government.

If it is to become law the amendment will need to be approved by MPs in the House of Commons. The Government opposed the amendment but was defeated by 134 votes to 130.

The amendment would make it a criminal offence to "intentionally or recklessly disclose information contained in personal data to another person, repeatedly and negligently allow information to be contained in personal data to be disclosed, or intentionally or recklessly fail to comply with [their] duties".

"Data controllers currently do not face anything like adequate sanctions if they intentionally or recklessly disclose information, or indeed are repeatedly negligent," said Liberal Democrat peer Baroness Miller of Chilthorne Domer, introducing the amendment.
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"Until recently the bill contained a clause that would introduce jail sentences of up to two years for people who steal or sell personal data, but the Government has decided not to activate that clause of the law."
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Miller said that the public could not afford a wait. "Basically the public will have to continue with this lack of protection for at least another year or two, during which time, at the rate of the past 12 months, millions more pieces of data will have gone missing," she said.

The Conservative Party proposed a weaker amendment which would only apply to public bodies or workers on contract to the public sector, but Miller said that it was a false distinction. "Citizens do not mind who lost the data; it is irrelevant to them. What is important is that it is their data that have been sold, lost or left on rubbish heaps and it is they who are affected by it," she said.

The Information Commissioner Richard Thomas has previously called for a law that would punish people or organisations that put other people's personal data at risk. In January the Parliamentary Justice Committee backed Thomas's calls for such a law."
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