Custodial penalties for data protection offences?

The Information Commissioner expressed his views twice in January that the court should have a broader range of penalties at its disposal when sentencing offences under the Data Protection Act 1998, including custodial and suspended sentences and community service. The current maximum penalty is an unlimited fine.

The Criminal Justice and Immigration Act 2008 makes unlawfully obtaining personal data punishable by up to two years in prison, but the relevant section is yet to be enacted.

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