The Government has issued a consultation paper on bringing into force Sections 77 and 78 of the Criminal Justice and Immigration Act 2008 (CJIA). It is proposed that the maximum penalty for individuals, who are convicted of the offence of deliberate and wilful misuse of personal data under S55 of the 1998 Data Protection Act (DPA), will be increased to a maximum of six months imprisonment for trials in the Magistrates Courts and two years imprisonment for trials in the Crown Courts. The current maximum penalties are £5,000 in the Magistrates Courts and an unlimited fine in the Crown Courts. S78 of the CJIA provides a new defence for the S55 DPA offence if the personal data was obtained for journalistic purposes or in the public interest.

The plan is to commence the higher penalties at the same time as the Information Commissioner’s Office will receive enhanced powers under the CJIA and the Coroners and Justice Bill, currently in the final stages of approval by Parliament. This is likely to be in April 2010.

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