Inquiries Daniel Morgan Panel Reported

Reports & recommendations

23 recommendations, each with the government response on the record. Filter by government response or delivery status.

Recommendations (1)

DM-10
Not accepted

Custodial sentences for data protection offences

Recommendation

Given the potential seriousness of such offences, it is recommended that the Government take an early opportunity to amend the Data Protection Act 2018 to provide for sentences of imprisonment for offenders.

In brief (written by this site)

In June 2023, the Home Office did not accept the recommendation, explaining that the Data Protection Act 2018 had already strengthened criminal sanctions by widening offences to include unlawful retention and making them recordable with unlimited fines, and concluding that custodial sentences would not be "a proportionate response to data protection offences at this time" (Home Office response, Jun 2023). The record holds no update since the department's response of June 2023 (Home Office response, Jun 2023).

Home Office · 15 Jun 2023 Not accepted
Words of: Home Office, Government response to the report of the Daniel Morgan Independent Panel (CP 857), presented to Parliament by the Home Secretary, 15 June 2023
2.4.7. In light of the Special Prosecutor’s conclusion that former DCS David Cook disclosed personal data in the sending of emails to a journalist, Michael Sullivan, the Panel recommended the introduction of custodial sentences for the unlawful use of data. The Data Protection Act 2018 has already, however, strengthened criminal sanctions. The offence of unlawfully obtaining data was widened to include the unlawful retention of data. The maximum penalty for a person convicted of that offence is an unlimited fine. The 2018 Act also made changes to make the offences recordable for the first time. Consequently, having carefully considered the …
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Home Office (Primary)
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