Data Protection and Privacy Update: UK Enforcement Steps up a Gear


Data Protection and Privacy Update: UK Enforcement Steps up a Gear

UK data protection enforcement has definitely stepped up a gear in recent weeks. Last week, the Government announced that it is to introduce custodial sentences of up to two years imprisonment for those found guilty of knowingly or recklessly:

obtaining or disclosing personal data from data controllers without their consent; or

selling such personal data.

Although there are various statutory defences, these can be difficult to make out. For example, it is a defence

to show that the disclosure of the personal data was justified as being 'in the public interest'. 'Public interest' is a very elusive concept but what is clear is that it is not the same as what is interesting to the public.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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