Wednesday 12 December 2007

PLOD AT THE DOOR OF No.10 ... AGAIN?

Now here's a thing!

As we know Richard Thomas, the Information Commissioner, has indicated that he is in favour of amendment of the Data Protection Act. Specifically, he is calling for a new criminal offence although quite what form this should take is perhaps less clear. But let us assume that it is wrapped around the phraseology "knowingly or recklessly failing to comply with the data protection principles". That would just about cover all the appropriate bases. And, let us assume that Parliament in its wisdom does in fact put this on the statute book.

Well, we also now know that the Great Bottler, when he was still Chancellor, was alerted to the fact that "data protection procedures governing the child benefit database" were as leaky as a sieve back in 2004 (reports here and here). And yet (so it seems) he chose to do bugger all about it. I know we're talking hypotheticals here but I reckon that sort of behaviour is a pretty good fit with "knowingly or recklessly failing to comply with the data protection principles". In other words, given a law change, the Great Bottler - and, presumably, the current incumbent, Darling - would be in the frame for a visit from Plod, presumably under caution!

You've got to reckon that Nu-Labour, following the indignity of Bliar being the first serving PM to be interviewed under caution over cash-for-peerages, are dead keen not to put themselves in a position where that could happen again - in fact, it'd be worse because I reckon Plod would be interested in the actions of both of the holders of the two highest offices in the land (the PM and the Chancellor of the Exchequer). And so it seems. Certainly it's what I read in to the sub-text of this written answer to Baroness Noakes last week.

But, in reality, this may offer them scant comfort. Those excellent fellows over at Privacy International appear to be seriously contemplating an action against the UK Government even as the law currently stands. Quite right too. Needless to say, their chances of prosecuting such a case would improve immeasurably if you, dear reader, felt inclined to offer your support. So, should you feel disposed so to do, please feel free to contact Simon Davies at simon@privacy.org. I'm sure that for a whole bunch of us there would be no better Xmas present than the prospect of the Great Bottler and his sidkick, Darling, having a little visit from the boys in blue!!!

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