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15 May 2008

New law will allow ICO to impose ‘substantial fines’ for reckless data loss

Rob Stringer

The reckless loss of data is to be considered a civil offence, and will incur the penalty of a heavy fine, following a new law approved by MPs.

The approved amendment to the Criminal Justice and Immigration Act will allow the ICO (Information Commission Office) to impose a substantial fine on anyone who "intentionally or recklessly disclose[s] information [or] repeatedly and negligently" allows the exposure of personal information.

David Smith, deputy information commissioner, states that this sends “a clear signal that data protection must be a priority and that it is completely unacceptable to be cavalier with people's personal information.” He maintains that “tougher sanctions will help to reassure individuals that data protection matters and give them confidence that organisations have no choice but to handle personal information properly."

It has not yet been confirmed from which date the law, given Royal assent, will be brought into effect, but it is not likely to apply retrospectively.

The motion follows a number of high-profile embarrassments, including the loss of data for twenty five million people by the HMRC in November 2007.

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