Sentencing Guidelines for Data Offences
Leveson Inquiry · An Inquiry into the Culture, Practices and Ethics of the Press · Issued 29 November 2012 · Addressed to: UK Government
Source — verbatim from the inquiry
●Inquiry recommendation
On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of s55 of the Data Protection Act 1998, the Secretary of State for Justice should use the power vested in him by s124(1)(a)(i) of the Coroners and Justice Act 2009 to invite the Sentencing Council of England and Wales to prepare guidelines in relation to data protection offences (including computer misuse).
Leveson Inquiry, An Inquiry into the Culture, Practices and Ethics of the Press · 29 Nov 2012 Source PDF →
Response — verbatim from government
●UK Government
This recommendation was not implemented. The government did not formally respond to civil justice recommendations in the Prime Minister's statement of 29 November 2012. Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive mechanism, was enacted but never commenced. On 1 March 2018, the Secretary of State announced that Section 40 would not be commenced and would be repealed. Section 40 was repealed by Section 50 of the Media Act 2024 (Royal Assent 24 May 2024). Source: https://www.gov.uk/government/speeches/leveson-consultation-response
UK Government · 29 Nov 2012 Written response →
Evidence trail — what's actually happened since
- 27 Feb 2025 · Government The increased sentencing powers under sections 77-78 of the Criminal Justice and Immigration Act 2008 were never brought into force (see L54). Without those powers being activated, there was no basis for the Sentencing Council to produce guidelines. No sentencing guidelines for data protection offences were produced. View source → Not Implemented
Each entry above links to a primary source — gov.uk written statement, consultation response document, or inspection report. The Index does not characterise government intent; it tracks what has been published.
How this page is built
Source and Response are verbatim from primary documents. The Evidence trail records published activity since — written statements, consultation outcomes, inspection findings, parliamentary references. The Index does not paraphrase or characterise intent; it tracks what has been published. Where the evidence is the absence of action (a missed deadline, a slipped timetable), that absence is documented from primary sources rather than inferred.
This recommendation's data is verified periodically against primary sources. The Index is monitored for staleness weekly.