Government response Home Office: Not accepted (Jun 2023)
Delivery No statement from Home Office found

Recommendation DM-10: Custodial sentences for data protection offences

From The Report of the Daniel Morgan Independent Panel, published 15 June 2021.

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.

Jurisdiction: England
Reference: Volume 1

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).

Sources

AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.

Government response

Not accepted Home Office
15 Jun 2023
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 evidence, the government does not feel that the introduction of custodial sentences would be a proportionate response to data protection offences at this time.

Delivery

No statement on delivery from Home Office has been found in the sources searched (last checked 30 January 2026). This is separate from the response above.

Source

Report The Report of the Daniel Morgan Independent Panel 15 Jun 2021

Responsible bodies

Home Office Primary

Who has spoken

  • Home Office
    Response
Recommendation made 5.4 years ago