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Leveson Inquiry: Private data theft 'extremely serious' Leveson Inquiry: Ex-data watchdog rebukes politicians
(about 1 hour later)
Illegally obtaining personal records can be more serious than phone hacking, the Leveson Inquiry has been told. Former Information Commissioner Richard Thomas has criticised ex-prime minister Gordon Brown and his successor for failing to tackle data theft.
Former Information Commissioner Richard Thomas said a "great deal more information" could generally be obtained by stealing private data. Mr Thomas told the Leveson Inquiry the former Labour government gave in to pressure from the press.
He said his office had taken the unlawful obtaining of personal information "extremely seriously". He said he had met Mr Brown but said a bill to toughen up the Data Protection Act was scrapped by his government.
Mr Thomas also said "fishing exercises" could not be justified by journalists on public interest grounds. And Mr Thomas said the current government had failed to activate an order introducing tougher penalties.
Mr Thomas, who left his post in 2009, said his successor had been pressing the government to activate this order, but the latest reason given for delaying it was that the government was waiting for the outcome of the Leveson Inquiry.
Lord Justice Leveson's inquiry is looking at the "culture, practices and ethics of the media", and whether self-regulation works.Lord Justice Leveson's inquiry is looking at the "culture, practices and ethics of the media", and whether self-regulation works.
Mr Thomas, who was head of the Operation Motorman investigation into private detectives and newspapers, has given six witness statements to the inquiry. He left the Information Commissioner's Office (ICO) in 2009. Mr Thomas said private investigators were still carrying out questionable inquiries on behalf of the press.
He referred to a raid on one private eye's office: "The fax machine burst into life and said 'please find out if this lady has got cancer'.
"Another message sent to an investigator to go and look at an abortion clinic to find out if a named person had an abortion."
Mr Thomas admitted he himself had made mistakes.
He said: "With hindsight, I think I would've been more aggressive and assertive with the PCC (Press Complaints Commission) and with the code at the outset."
Earlier Mr Thomas said data theft was potentially more damaging than phone hacking.
He said a "great deal more information" could generally be obtained by stealing private data than from phone .
Mr Thomas also said "fishing exercises" could not be justified by journalists on public interest grounds.
He said his office had taken the unlawful obtaining of personal information "extremely seriously".
Mr Thomas said few of the reporters involved were carrying out "genuine investigative journalism" and he described it as "celebrity tittle-tattle".
Mr Thomas, who was head of the Operation Motorman investigation into private detectives and newspapers, has given six witness statements to the inquiry.
Seeking dataSeeking data
At the hearing at the Royal Courts of Justice on Friday, Mr Thomas said the powers of the information commissioner were "really quite severely circumscribed" when it came to dealing with the press.At the hearing at the Royal Courts of Justice on Friday, Mr Thomas said the powers of the information commissioner were "really quite severely circumscribed" when it came to dealing with the press.
He said there were exemptions in the Data Protection Act protecting the use of information for journalism.He said there were exemptions in the Data Protection Act protecting the use of information for journalism.
Robert Jay QC asked Mr Thomas whether obtaining data through an "agent" was an offence.Robert Jay QC asked Mr Thomas whether obtaining data through an "agent" was an offence.
Mr Thomas replied: "I don't recall having that point ever discussed or analysed inside the office.Mr Thomas replied: "I don't recall having that point ever discussed or analysed inside the office.
"My understanding of the conventional wisdom inside the office is that 'obtain' meant more than 'receive'. Primarily, the prosecutions we brought were when people sought out and obtained the data.""My understanding of the conventional wisdom inside the office is that 'obtain' meant more than 'receive'. Primarily, the prosecutions we brought were when people sought out and obtained the data."
Mr Thomas said "fishing exercises" would not qualify for the public interest defence of journalism.Mr Thomas said "fishing exercises" would not qualify for the public interest defence of journalism.
"Anybody who was intending to rely upon that defence ought to be clear about why they were obtaining information unlawfully, what would be their defence in public interest terms?"Anybody who was intending to rely upon that defence ought to be clear about why they were obtaining information unlawfully, what would be their defence in public interest terms?
"Anything that looked like it was a fishing exercise would have been difficult to justify prima facie in public interest terms," he said."Anything that looked like it was a fishing exercise would have been difficult to justify prima facie in public interest terms," he said.
Mr Thomas said his office was "very concerned indeed about the security of personal data held in many many databases in the public sector, private sector and elsewhere".Mr Thomas said his office was "very concerned indeed about the security of personal data held in many many databases in the public sector, private sector and elsewhere".
"We were very sensitive about the risks of that getting into the wrong hands, information held in data bases, tax, banking records, social security records, your shopping details, education records, right across the spectrum, we were very concerned indeed," he said."We were very sensitive about the risks of that getting into the wrong hands, information held in data bases, tax, banking records, social security records, your shopping details, education records, right across the spectrum, we were very concerned indeed," he said.
Investigators targetedInvestigators targeted
Mr Thomas said that in 2003, at the time of the Operation Motorman probe, he was not aware that the ICO gave any active consideration to prosecuting journalists.Mr Thomas said that in 2003, at the time of the Operation Motorman probe, he was not aware that the ICO gave any active consideration to prosecuting journalists.
The main focus was the private investigators - "middle men" whom he likened to "drug dealers".The main focus was the private investigators - "middle men" whom he likened to "drug dealers".
He was asked if he recalled a meeting at which former ICO deputy Francis Aldhouse told former ICO lead investigator Alec Owens that the press were too big to take on.He was asked if he recalled a meeting at which former ICO deputy Francis Aldhouse told former ICO lead investigator Alec Owens that the press were too big to take on.
Mr Thomas replied: "I have no recollection at all of him or anyone else using that sort of language."Mr Thomas replied: "I have no recollection at all of him or anyone else using that sort of language."
He said he was aware that newspapers' involvement in the illegal trade of data was very serious.He said he was aware that newspapers' involvement in the illegal trade of data was very serious.
Mr Thomas said of the legal advice that was given to him: "It was the sheer costs and logistical challenge of going against the press that meant we should go towards the investigators. There was no policy from the outset that [we] weren't going to go against the press."Mr Thomas said of the legal advice that was given to him: "It was the sheer costs and logistical challenge of going against the press that meant we should go towards the investigators. There was no policy from the outset that [we] weren't going to go against the press."
The issue was raised with the Press Complaints Commission instead. The issue was raised with the PCC instead.
Mr Thomas said he felt his investigation team had not been large enough and was under-resourced.Mr Thomas said he felt his investigation team had not been large enough and was under-resourced.
He said he had no recollection of discussing the way the investigation of journalists was being carried out, and was not involved in detailed operational activity.He said he had no recollection of discussing the way the investigation of journalists was being carried out, and was not involved in detailed operational activity.
Prime Minister David Cameron set up the inquiry after the News of the World admitted intercepting voicemail messages of prominent people to find stories.Prime Minister David Cameron set up the inquiry after the News of the World admitted intercepting voicemail messages of prominent people to find stories.
The inquiry has already seen a procession of celebrities who said they had been victims of press practices and a number of journalists who offered a view on the workings of tabloid newsrooms.The inquiry has already seen a procession of celebrities who said they had been victims of press practices and a number of journalists who offered a view on the workings of tabloid newsrooms.