In April 2008, the Government admitted that they had pathetically caved in to pressure from a powerful cabal of newspaper publishers – News International (Sun & Screws), Associated Newspapers (Mail) and the Daily/Sunday Telegraph – of whom they are manifestly terrified. They had planned to introduce jail sentences of up to two years for anyone – including journalists – who breached data protection laws by dealing in or obtaining personal information without the justification of public interest.

Richard Thomas, then Information Commissioner had been vigorous in his efforts to seal the breach in laws protecting privacy and, recognising the inexorable growth in data theft, had demanded that the penalty for offences under Section 55 of the Data Protection Act 1998 – currently fines of up to £5,000 in a Magistrates’ court, and unlimited in the Crown Court – be raised to a maximum of two years imprisonment. A clause to this effect, Clause 76 was embedded in the 2008 Criminal Justice and Immigration Bill. It was progressing through both houses of Parliament, and looked to be well on its way until, after the onslaught by the press, a shameful and compromising fudge was agreed by Downing Street. The clause would be put on the statute book, but then suspended, with the option for the Justice Secretary to invoke it at some future date.

The precise status of a suspended clause is obscure and the muddy waters stirred up by this last minute government U-turn made it unclear in what circumstances its invocation could be triggered. Before making such an order, the Justice Secretary must consult the Information Commissioner, such media organisations and other people he considers “appropriate”, and it could only come into effect if approved by an affirmative resolution by both Houses of Parliament – so not just a matter of pressing a button.

          Although Richard Thomas, who had fought so hard for this new legislation, had been blatantly snubbed, he announced gamely, “Of course we would have preferred the clause to have remained unchanged, although we understand that the Justice Secretary will be able to introduce prison sentences if illegal activity continues. Our aim has always been to deter and this will now be a powerful Sword of Damocles hanging over the heads of anyone involved in obtaining personal data.”

          After the astounding revelations of press misbehaviour, both old and new, triggered by the Guardian’s report this summer on the massive settlement agreed between PFA boss Gordon Taylor and the News of the World for their hacking into his voicemails, it’s more than clear that serious penalties – and not just fines which employers will pay – is required to deter effectively any of the many renegade hacks chasing after stories in any way they can in order to satisfy unscrupulous news editors.

          It’s clear that the moment is more than overdue for the Sword of Damocles to fall. If the Justice Secretary wants to be taken seriously over Data Protection, he must act now.

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