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Regulators: Criminal Prosecutions

Volume 699: debated on Tuesday 11 March 2008

asked Her Majesty's Government:

Further to the Written Answer by Lord Hunt of Kings Heath on 29 January (WA 112) on “Regulators: Criminal Prosecution”, what were the categories of offences for which the prosecutions were brought. [HL2155]

The Information Commissioner's office has confirmed that prosecutions it has brought are for offences under one or more sections of the Data Protection Act 1998 as detailed below:

offences under Section 17 relate to individuals and organisations that are processing personal data without being notified with the Information Commissioner;

offences under Section 47 relate to a failure to comply with an information notice, enforcement notice, or a special information notice; and

offences under Section 55 relate to the unlawful obtaining, disclosing or procuring of the disclosure of personal data.

The number of offences for which prosecutions were made in each of the past three years is detailed in the table below:

Year

Section 17

Section 47

Section 55

2004-05

4

0

48

2005-06

11

0

22

2006-07

11

1

41

2007-08 (to date)

3

7

168*

* In one case, two defendants faced 44 offences each; in another case, two defendants faced 39 offences.