Organisations and companies, unwittingly or not, are buying personal data
about consumers which has been illegally obtained, according to the Office of
the Information Commissioner (ICO).
The
Government's privacy watchdog said there has been an enormous growth in the
illegal sale of people's personal details and we are all at risk from
this "flourishing" trade which is not only in breach of the
Data
Protection Act (DPA) but has serious implications in the battle against
identity theft.
The scale of the problem with breaches of the DPA has been highlighted by the
recent successful prosecution by the ICO of a husband and wife team selling on
people's personal details.
However, the ICO warned, that the activities of the couple, Sharon and
Stephen Anderson, who made £140,000 year selling private financial information,
only represents the tip of the iceberg.
It said a previous investigation, Operation Motorman, showed that a huge
undercover market in obtaining and selling on confidential information lies
hidden under the surface of legitimate data sales. The ICO said it has evidence
implicating many organisations, even local authorities, in this unlawful trade.
Parallel investigations launched by the police (acting on information
provided by the ICO) uncovered evidence of the unauthorised supply of
information from the Police National Computer by a civilian police employee.
This information is sold on to many organisations but typically can include
private detective agencies, insurance companies, lawyers, debt collection
agencies and newspapers.
In what Mr Thomas has described as a thriving black market the pair acted as
subcontractors to three detective agencies, although these companies have denied
knowledge of the couple's crimes committed on their behalf.
The Anderson's were able to obtain sensitive information through a process
known as 'blagging'. This is when bogus phone calls are made to organisations
such as banks and utilities to obtain information such as details of people's
bank and mortgage accounts and tax returns.
For example, ‘blaggers’ pretend to be employees of these organisations and
deceive real members of staff into disclosing personal information about
individuals.
Examples of these bogus phone calls are given in the ICO's
What
Price Privacy report which was published in May this year. One example shows
how a private investigator was able to obtain information for an insurance
company about an 82-year-old woman.
She received a telephone call purportedly from the
Inland Revenue requesting her maiden name,
which the caller said was needed to process a tax rebate for her son. She gave
it without question.
That same day, the caller, not the private detective, made more bogus calls
to the claimant’s bank. Eventually – after using the mother’s maiden name as a
security password and answering a further question about direct debits - gained
access to information about the claimant’s bank accounts.
Although the couple from St Ives, Cambridgeshire, admitted breaching the DPA
and were fined £14,800 in fines and costs, Richard Thomas, the Information
Commissioner wants to increase the penalties to two years in jail.
He also wants to prosecute the companies that buy this information illegally.
As a result of the recent prosecution, the ICO is now investigating a number of
organisations that have bought personal data and it warned of possible raids and
prosecutions.
The National Consumer Council, which
also said this data could be leaked to criminals, was pleased by the current
action.
A representative told us: "We are glad to see the Information Commissioner
flexing his muscles. A recent study shows the average Briton is an £85,000
target for ID fraudsters and we feel the penalties must be appropriate for the
distress and damage that is done to the individual."
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