Six months ago Thomas signalled his intent to get tough on those
who trade in illegally obtained personal information.
His league table alleges that the Daily Mail has used a raided
investigations agency more than any other paper. As well as tabloid
papers, broadsheets and magazines were represented on the list. The
list should not be taken as definitive, since it only represents
the usage ratios relating to one agency, but it does show how
widespread the purchase of information is.
"People care about their personal privacy and have a right to
expect that their personal details are and should remain
confidential. Who they are, where they live, who their friends and
family are, how they run their lives: these are all private
matters," said Thomas in the introduction to the new report.
"Individuals may choose to divulge such information to others, but
information about them held confidentially by others should not be
available to anyone prepared to pay the right price.
The report, What Price Privacy Now?, is the Information
Commissioner's Office (ICO) update to his original report, What
Price Privacy?, published in May. In that report he outlined the
market for information and said he wanted sentences to increase and
wanted individuals to face jail sentences of up to two years for
buying or selling illegally obtained information.
"Progress has been significant and encouraging. In particular I
welcome the Government’s consultation on increased sentences," he
said. "Overwhelmingly the responses indicate support for the
proposals. Many organisations have taken steps of their own to
raise awareness and tighten security as well as more generally
condemning the illegal trade."
Thomas's naming of newspapers is sure to be a controversial step
in the battle against information theft. Newspapers have already
accused him of seeking to stifle free speech in recommending stiff
sentences for people such as the News of the World's Clive Goodman,
who recently pleaded guilty to plotting to intercept personal
information.
"Explicitly targeting the press in his report is a high
risk strategy," said Dr Chris Pounder, a specialist in privacy law
at Pinsent Masons, the law firm behind OUT-LAW. "Many
journalists still think the end justifies the means and
see no wrong if they obtain information by
deception when an overriding public
interest can be claimed for story."
"In order to comply with the ICO's orders newspapers will have
to start training journalists to use legal techniques or they
themselves could face action", said Pounder.
"If a newspaper publishes a story which the journalist has
written about an individual which has used personal
data obtained by deception, then the newspaper could
also be in breach of the Seventh Principle [of the Data Protection
Act] which requires all appropriate steps to be taken to guard
against unlawful processing. This means training journalists not to
use such methods complained of in the Commissioner's new
report."
The Commissioner's report says that most investigations agency
representative bodies and press representative groups have
responded positively to his recommendations and communicated with
their members about their obligations, and that he was disappointed
with only a few of them.
