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MPs call for criminal penalties for data breaches Print E-mail
Thursday, 03 January 2008

Westminster's Justice Committee today said that criminal penalties should be strengthened for significant security breaches in the wake of the loss of millions of personal and financial records by HM Revenue and Customs. 

MPs also called for the UK Information Commissioner to have new enforcement powers over the protection of private data.

The Committee said it was "extremely concerned" that there are more cases involving personal data loss by government bodies or contractors that are still coming  to light.

It added that a warning made last summer by Information Commissioner Richard Thomas about the danger of extensive security lapses in a wide range of organisations had been proved correct.

The Committee concludes that "there is evidence of widespread problem within Government relating to establishing systems for data protection and operating them adequately".

Committee members also pointed to concerns that were raised two years ago in a report by Dr Mark Walport, who is now heading the Government’s main review of data protection, about the risks of what the acting Chairman of HMRC has now admitted were "systemic" failings in the handling of personal data.

The Justice Committee is calling for new reporting requirements that would require companies to report losses of data; new laws making significant security breaches, where reckless or repeated, a criminal offence; and rapid implementation of new enforcement powers for the Information Commissioner to conduct unannounced spot checks on Government department data systems.

Committee Chairman Alan Beith MP said: "The scale of the data loss by Government bodies and contractors is truly shocking but the evidence we have had points to further hidden problems. It is frankly incredible, for example, that the measures HMRC has put in place (as described in the Chancellor’s statement of December 17) were not already standard procedure.

"We look forward to the Cabinet Secretary’s full report on the procedures for the storage and use of personal data across all Government departments. 

"We will monitor the situation closely to ensure that effective action is taken to protect information which is the property of members of the public."
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