Recommendation L54: Bring into Force Section 55 Penalties
From An Inquiry into the Culture, Practices and Ethics of the Press, published 29 November 2012.
Recommendation
The necessary steps should be taken to bring into force the amendments made to section 55 of the Data Protection Act 1998 by section 77 of the Criminal Justice and Immigration Act 2008 (increase of sentence maxima) to the extent of the maximum specified period; and by section 78 of the 2008 Act (enhanced defence for public interest journalism).
In brief (written by this site)
The Inquiry recommended commencing increased penalties and journalistic defences for unlawfully obtaining data. In May 2018, the Department for Digital, Culture, Media and Sport and the Home Office stated that the provisions were omitted and never commenced, explaining that offences, defences, and penalties were instead set out in the Data Protection Act 2018 (Data Protection Act 2018: Explanatory Notes, May 2018). Earlier, in January 2013, Helen Grant, Parliamentary Under-Secretary of State at the Ministry of Justice, stated that the Government was considering whether to introduce them given potential consequences for investigative journalism (Helen Grant, Jan 2013). In November 2012, Prime Minister David Cameron stated that the Government needed to look at the issue very carefully (David Cameron response, Nov 2012; David Cameron, Nov 2012).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 1 Oct 2026. The record below is the sources' own words.
Government response
I think we need to look at this very carefully. Lord Justice Leveson is incredibly tough about what he sees as the failures to act on the Information Commissioner’s report. We need to look very carefully at that, as well as at my hon. Friend’s point.
How this response relates to the recommendation
Site note: The Prime Minister's statement to the House of Commons on 29 November 2012, the day the report was published, and his answers to members' questions on it (Official Report, HC Deb vol 554, from col 446). He speaks for the Government; the site files his words under the Prime Minister's Office.
Site note: The Prime Minister's answer (col 463) to a question from Dr Julian Huppert asking him to commence sections 77 and 78 of the Criminal Justice and Immigration Act 2008, which is what this recommendation asks for. The question is the member's words, so it is not in the row. The answer states no position, so the site records the response as noted.
Blanket government agreement does not establish acceptance or delivery by each addressee. Some response passages cover groups of recommendations.
Scope of the government response
PM David Cameron responded to all 92 recommendations with a single statement accepting them "in principle" or "in part". No per-recommendation response was published.
Delivery
Department for Digital, Culture, Media & Sport (2017 to 2023) says not accepted (23 May 2018)
884 Paragraph 150 omits sections 77 to 78 of the Criminal Justice and Immigration Act 2008. These sections introduced an order-making power to increase the maximum penalty for the offence of unlawfully obtaining data under section 55 of the 1998 Act and defences for journalistic activity. The provisions were never commenced. They are no longer needed because the offence of unlawfully obtaining data, defences and penalties are now set out in sections 170 and 196 of this Act.
Ministry of Justice states no delivery position (8 January 2013)
Following the report of the Joint Committee and the inquiry into the culture, practices and ethics of the press, the Government is giving careful consideration to the question of whether these provisions should now be introduced given the potential consequences in particular for the conduct of responsible investigative journalism in the public interest.
From: Criminal Justice and Immigration Act 2008 (Commons written answer)
Site note: The answer does not name the recommendation. It answers a question about bringing sections 77 and 78 of the Criminal Justice and Immigration Act 2008 into force, which is what this recommendation asks for.
Source
Responsible bodies
Themes and tags
Who has spoken
- Prime Minister's Office, 10 Downing Street
Response - Department for Digital, Culture, Media & Sport (2017 to 2023)
Delivery statement - Ministry of Justice
Delivery statement