CyberLaw Blog

Archive for April 29th, 2008

Amendments to the Criminal Justice and Immigration Bill have been tabled for the 3rd Reading that will take place on 30.04.2008

Clause 62

BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS

Page 49, line 31, leave out paragraph (b) and insert—
“(b) is obscene as defined by section 1 of the Obscene Publications Act 1959 (c. 66) (test of obscenity).”

After Clause 64

THE LORD HUNT OF KINGS HEATH

Insert the following new Clause—
“Defence: participation in consensual acts
(1) This section applies where—
(a) a person (“D”) is charged with an offence under section 62, and
(b) the offence relates to an image that portrays an act or acts within paragraphs (a) to (c) (but none within paragraph (d)) of subsection (7) of that section.
(2) It is a defence for D to prove—
(a) that D directly participated in the act or any of the acts portrayed, and
(b) that the act or acts did not involve the infliction of any non-consensual harm on any person, and
(c) if the image portrays an act within section 62(7)(c), that what is portrayed as a human corpse was not in fact a corpse.
(3) For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
(a) the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
(b) where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.”

Clause 65

BARONESS MILLER OF CHILTHORNE DOMER
LORD WALLACE OF TANKERNESS

Page 52, line 3, leave out subsections (2) to (4) and insert—
“(2) A person guilty of an offence under section 62 is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.”

LORD HUNT OF KINGS HEATH

Page 52, line 8, leave out “depict” and insert “portray”

House of Lords Report Stage 21.04.2008
Clause 63 [Possession of extreme pornographic images]:

Worth reading the whole debate which is re-produced in full by CyberLaw.org.uk.

For further information about the Bill’s progress click here.

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Unlawfully obtaining etc. personal data
75 Power to alter penalty for unlawfully obtaining etc. personal data
(1) The Secretary of State may by order provide for a person who is guilty of an offence under section 55 of the Data Protection Act 1998 (c. 29) (unlawful obtaining etc. of personal data) to be liable—
(a) on summary conviction, to imprisonment for a term not exceeding the specified period or to a fine not exceeding the statutory maximum or to both,
(b) on conviction on indictment, to imprisonment for a term not exceeding the specified period or to a fine or to both.
(2) In subsection (1)(a) and (b) “specified period” means a period provided for by the order but the period must not exceed—
(a) in the case of summary conviction, 12 months (or, in Northern Ireland, 6 months), and
(b) in the case of conviction on indictment, two years.
(3) The Secretary of State must ensure that any specified period for England and Wales which, in the case of summary conviction, exceeds 6 months is to be read as a reference to 6 months so far as it relates to an offence committed before the commencement of section 282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of magistrates’ courts from 6 to 12 months for certain offences triable either way).
(4) Before making an order under this section, the Secretary of State must consult—
(a) the Information Commissioner,
(b) such media organisations as the Secretary of State considers appropriate, and
(c) such other persons as the Secretary of State considers appropriate.
(5) An order under this section may, in particular, amend the Data Protection Act 1998.

76 New defence for purposes of journalism and other special purposes
In section 55(2) of the Data Protection Act 1998 (c. 29) (defences against offence of unlawfully obtaining etc. personal data) after “it,” at the end of paragraph
(c) insert—
“(ca) that he acted—
(i) for the special purposes,
(ii) with a view to the publication by any person of any journalistic, literary or artistic material, and
(iii) in the reasonable belief that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest,”.

77 Data protection: additional offences
(1) After section 55 of the Data Protection Act 1998 (c. 29) insert—
“55A Data protection: additional offences
(1) A data controller must not—
(a) intentionally or recklessly disclose information contained in personal data to another person,
(b) repeatedly and negligently allow information to be contained in personal data to be disclosed, or
(c) intentionally or recklessly fail to comply with duties under section 4(4).
(2) Subsection (1)(a) does not apply if the data controller can show that the disclosure—
(a) was necessary for the purpose of preventing or detecting crime,
(b) was required or authorised by or under any enactment, by any rule of law, or by the order of a court, or
(c) was justified in the particular circumstances as being in the public interest.
(3) This section shall apply whether or not the data controller is—
(a) a relevant authority under section 29, or 30
(b) exercising a relevant function under section 31.
(4) A data controller who contravenes subsection (1) is guilty of an offence.”
(2) In section 63 of the Data Protection Act 1998, omit subsection (5).

BBC NEWS: Saudi blogger released from jail: “”

A popular Saudi blogger who was detained by the authorities in December has been set free. Fouad al-Farhan had used his website to criticise alleged corruption and call for democratic reforms in his country. No official explanation was given for either the detention or the decision to free him.

Blogger fined for ‘menacing’ rant: “A man who ‘let off steam’ on his blog about police is convicted of posting a grossly offensive and menacing message.” The offender was fined £150 with £364 costs by magistrates at Mold.

Although it is not mentioned in the BBC article the offender must have been found guilty of section 127 of the Communications Act 2003.

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Kinky or worse?: “Users of ‘extreme porn’ say new law will criminalise them”

A bill outlawing the possession of “extreme pornography” is set to become law next week. But many fear it has been rushed through and will criminalise innocent people with a harmless taste for unconventional sex.

Definitely worth reading.

(Via BBC News.)

Financial Service Authority warned firms to improve data security: “Banks, building societies, insurance companies and financial advisers need to do more to prevent their customers falling victim to identity fraud, the Financial Services Authority has warned in a new report.”

See: The FSA’s report, Data security in financial services: firms’ controls to prevent data loss by their employees and third-party suppliers (104-page / 590KB PDF)

(Via OUT-LAW News.)