ICO calls for tougher data breach laws

By Isabelle Chaize

The Information Commision Officer has emphasised the importance of maintaining a tough stance on data breaches.

Richard Thomas, the ICO, expressed his approval for pat of the new Criminal Justice and Immigration bill, currently in the process of being passed by Parliament.

Clause 76 of the bill could potentially mean time behind bars for criminals dealing in personal data by buying or selling it illegally.

He criticised those who have tried to water down the bill by attempting to remove the clause.

He said ‘I am pleased that the government is now taking data protection, and the need to prevent security breaches, more seriously. But there have been powerful last-ditch efforts to get clause 76 removed from the Criminal Justice and Immigration Bill.’

‘There has been widespread support for the government’s decision to strengthen the law and - if data protection is to be taken seriously - it is vital that the government and other parties should stand firm against any possible amendments.’

In the wake of the recent spate of high profile losses of confidential data, including 25 million records of child benefit claimants, this is the perfect opportunity for the government to ‘demonstrate its seriousness in safeguarding people’s personal information’, according to Thomas.

This is the first legislation on data breaches to be proposed since the incidents, and it is therefore vital that the new bill gives out the right message regarding the government’s attitude to such crimes.

Thomas continued, ‘Losing half the country’s child benefit records looks to have been a serious mistake, but at least it was accidental. If there is a change of heart on legislation aimed at deliberate security breaches, the government will find it hard to convince people that measures aimed at preventing data loss need to be taken seriously.’

Some journalists could be concerned by the clause and its implications for how they obtain private information from inside leaks, but the ICO reassured them, saying ‘I know there are concerns in some quarters of the media, but - with a powerful public interest defence - responsible journalists have nothing to fear.’