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New criminal offences to be introduced through new Data Protection Bill (8 August 2017)

Date: 08/08/2017
Duncan Lewis, Crime Solicitors, New criminal offences to be introduced through new Data Protection Bill

The government has announced that new legislation to strengthen data protection will involve new criminal offences to deter organisations from either intentionally or recklessly creating situations where someone could be identified from anonymised data.

The Department for Digital, Culture, Media & Sport says that the public will have greater control over personal data, including right to be forgotten – and there will be a new right to require social media platforms to delete information on children and adults when asked.

In a statement of intent, the government committed to updating and strengthening data protection laws through a new Data Protection Bill, in order to provide the public with the confidence that their data will be managed securely and safely.

Research shows that more than 80% of people feel that they do not have complete control over their data online.

Under the plans, individuals will have more control over their data by having the right to be forgotten and ask for their personal data to be erased – this will also mean that people can ask social media channels to delete information they posted during childhood.

The reliance on default opt out or pre-selected “tick boxes” to give consent for organisations to collect personal data – which the government says are “largely ignored” – will also become a thing of the past.

Businesses will be supported to ensure they are able to manage and secure data properly – and the data protection regulator, the Information Commissioner’s Office (ICO), will also be given more power to defend consumer interests and issue higher fines of up to £17 million or 4% of global turnover in cases of the most serious data breaches.

Minister of State for Digital Matt Hancock said:

“Our measures are designed to support businesses in their use of data and give consumers the confidence that their data is protected – and those who misuse it will be held to account.

“The new Data Protection Bill will give us one of the most robust, yet dynamic, set of data laws in the world.

“The Bill will give people more control over their data, require more consent for its use – and prepare Britain for Brexit.

“We have some of the best data science in the world and this new law will help it to thrive.”


The Data Protection Bill will:

  • Make it simpler to withdraw consent for the use of personal data
  • Allow people to ask for their personal data held by companies to be erased
  • Enable parents and guardians to give consent for their child’s data to be used
  • Require “explicit” consent to be necessary for processing sensitive personal data
  • Expand the definition of “personal data” to include IP addresses, Internet cookies and DNA
  • Update and strengthen data protection law to reflect the changing nature and scope of the digital economy
  • Make it easier and free for individuals to require an organisation to disclose the personal data it holds on them
  • Make it easier for customers to move data between service providers
  • New criminal offences will be created to deter organisations from either intentionally or recklessly creating situations where someone could be identified from anonymised data.

  • The Bill will also bring the European Union’s General Data Protection Regulation (GDPR) into UK law.

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