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389871
registered interest false more like this
date less than 2015-07-14more like thismore than 2015-07-14
answering body
Ministry of Justice more like this
answering dept id 54 more like this
answering dept short name Justice more like this
answering dept sort name Justice more like this
hansard heading Data Protection Act 1998 more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Secretary of State for Justice, what steps he is taking to (a) bring and or authorise criminal proceedings and (b) take civil proceedings to punish people who have failed to comply with Data Protection obligations and to deprive such people of any benefit of proceeds obtained by conduct which is unlawful under the Data Protection Act. more like this
tabling member constituency St Helens South and Whiston more like this
tabling member printed
Marie Rimmer more like this
uin 6943 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2015-07-22more like thismore than 2015-07-22
answer text <p>The Information Commissioner’s Office (ICO) applies for confiscation under the Proceeds of Crime Act 2002 in appropriate cases. The ICO communicates with victims throughout the prosecution case and if the ICO is to pursue either confiscation or make an application for compensation this is explained to the victim. More generally, the ICO is reviewing processes for supporting victims in light of the forthcoming implementation of the Victims Directive.</p><p>In cases where organisations do not comply with the Data Protection Act 1998 (DPA) the ICO has a range of powers to take action, including the power to serve a Civil Monetary Penalty of up to £500,000. In the most serious cases, section 55 of the DPA makes it an offence for a person to knowingly or recklessly obtain, disclose or procure the disclosure of personal data without the consent of the data controller. The offence is punishable by an unlimited fine.</p><p>Figures for prosecutions and cautions for DPA related offences the last six years are in the table below.</p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Number of prosecutions</strong></p></td><td><p><strong>Number of cautions</strong></p></td></tr><tr><td><p>2009/10</p></td><td><p>7</p></td><td><p>4</p></td></tr><tr><td><p>2010/11</p></td><td><p>5</p></td><td><p>8</p></td></tr><tr><td><p>2011/12</p></td><td><p>13</p></td><td><p>7</p></td></tr><tr><td><p>2012/13</p></td><td><p>5</p></td><td><p>2</p></td></tr><tr><td><p>2013/14</p></td><td><p>17</p></td><td><p>2</p></td></tr><tr><td><p>2014/15</p></td><td><p>25</p></td><td><p>4</p></td></tr></tbody></table><p> </p><p>The figures for 2012/13 to 2014/15 years can also be found in the ICO’s annual reports at the link below:</p><p><a href="https://ico.org.uk/about-the-ico/our-information/annual-reports/" target="_blank">https://ico.org.uk/about-the-ico/our-information/annual-reports/</a></p>
answering member constituency Esher and Walton more like this
answering member printed Dominic Raab more like this
grouped question UIN
6942 more like this
6944 more like this
question first answered
less than 2015-07-22T15:58:57.393Zmore like thismore than 2015-07-22T15:58:57.393Z
answering member
4007
label Biography information for Dominic Raab more like this
tabling member
4457
label Biography information for Ms Marie Rimmer more like this