Custodial sentences for data protection offences
Daniel Morgan Panel · The Report of the Daniel Morgan Independent Panel · Issued 15 June 2021 · Addressed to: Home Office
Government responseHome Office: Not accepted (Jun 2023)
DeliveryNo statement from Home Office found
Recommendation, verbatim from the inquiry
●Inquiry recommendation, Volume 1
Given the potential seriousness of such offences, it is recommended that the Government take an early opportunity to amend the Data Protection Act 2018 to provide for sentences of imprisonment for offenders.
Daniel Morgan Panel, The Report of the Daniel Morgan Independent Panel · 15 Jun 2021 Source PDF →
Published evidence summary
AI-generated evidence summary
In June 2023, the Home Office did not accept the recommendation, explaining that the Data Protection Act 2018 had already strengthened criminal sanctions by widening offences to include unlawful retention and making them recordable with unlimited fines, and concluding that custodial sentences would not be "a proportionate response to data protection offences at this time" (Home Office response, Jun 2023). The record holds no update since the department's response of June 2023 (Home Office response, Jun 2023).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.
Government response
●Home Office · Not accepted · 15 Jun 2023
2.4.7. In light of the Special Prosecutor’s conclusion that former DCS David Cook disclosed personal data in the sending of emails to a journalist, Michael Sullivan, the Panel recommended the introduction of custodial sentences for the unlawful use of data. The Data Protection Act 2018 has already, however, strengthened criminal sanctions. The offence of unlawfully obtaining data was widened to include the unlawful retention of data. The maximum penalty for a person convicted of that offence is an unlimited fine. The 2018 Act also made changes to make the offences recordable for the first time. Consequently, having carefully considered the evidence, the government does not feel that the introduction of custodial sentences would be a proportionate response to data protection offences at this time.
Extract from: Government response to the report of the Daniel Morgan Independent Panel
Delivery
No statement on delivery from Home Office has been found in the sources searched. This is separate from the response above.
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