3 November 2009

The Ministry of Justice is consulting on whether to introduce custodial sentences for knowing or reckless misuse of personal information.

At a time when legislators are trying to move away from custodial sentences, this clearly signals the importance of this issue. Should this proposal be enacted into law, it could have a profound impact on the IT profession, and the profession's ability to benefit the wider public.

This is the latest leg of a journey that BCS has been on long before HMRC lost the famous discs, and a part of the government's response to the threat of malicious abuse of personal information.

For those involved in the design, implementation and maintenance of systems containing personal information, which is a huge swathe of the IT Profession, it has some implications; it would suddenly be extremely important to understand what, from a professional perspective, constituted 'reckless'. It is conceivable that a professional who fails to meet a bare minimum standard of practice would be regarded as 'reckless'. Certainly, the general public may hold strong views on what does and does not constitute recklessness when it comes to guarding their personal information, and they are unlikely to be charitable towards ignorance or incompetence.

BCS, the Chartered Institute for IT, has long been working to introduce professional standards that are largely self-regulated, but with an option for statutory duties in areas of particular public importance. The addition of a custodial sentence for gross professional failure could accelerate that process. Holding CITP status, and keeping up on and making use of good practice, provably, could be the best way to avoid accusations of negligence. This legislation could be the tipping point.

Or it could do very little, or it could collapse trust in the IT profession if people studiously avoid responsibility. Consequently, BCS's view on this consultation should carry some weight with the Ministry of Justice, and BCS's view will be built with expert opinion from the BCS membership. To make your views heard, visit the BCS Member Network or email your comments.

View the consultation document from the Ministry of Justice