CCR2 Customer Engagement
Data protection and the proceeds of crime
The Information Commissioner’s Office has called for views on the extension of its powers with the aim of fighting against the consequences of criminal activity
Elizabeth Denham Information commissioner
The Information Commissioner invites views on our office being granted access to investigation and associated powers under the Proceeds of Crime Act 2002 (POCA). Personal data has a monetary value and
is increasingly being recognised and treated as a commodity which is stolen and traded for financial gain. It is an asset exploited by criminal gangs, which can lead to significant financial losses and illegal monetary gains. The General Data Protection Regulation
(GPDR) has introduced increased financial penalties for civil breaches of the Data Protection Act 2018 (DPA18). Criminal offences under the DPA18 are
now recordable. However, the only sanction available to the courts following a criminal conviction is a fine, which in some cases
There has been significant growth in the number of cases involving financial gain and should the ICO not be granted financial investigation and other associated powers under POCA, an ever-increasing number of offenders will be able to retain what can amount to significant criminal proceeds. In some cases these gains can illegally fund lavish lifestyles
will be much less than the financial gains made by the offender. This will inevitably lead to a greater
disparity between the deterrent and punitive effects of sanctions imposed in relation to civil breaches and criminal offences.
Confiscation orders The courts can make POCA confiscation orders against convicted individuals for payment to the state of an equivalent value to their benefit from crime. POCA investigation and other associated powers would enable the Information Commissioner’s Office (ICO) to assist the court to identify assets and determine the value of a criminal’s proceeds from crime. The ICO previously worked in partnership with other agencies which conducted financial investigations on our behalf and assisted the courts with these cases. To date the ICO has prosecuted and
convicted a number of individuals who were later stripped of assets by the courts using POCA confiscation powers. However, these partner agencies are no longer able to provide assistance to us. There has been significant growth in the
number of cases involving financial gain and should the ICO not be granted financial investigation and other associated powers under POCA, an ever-increasing number of offenders will be able to retain what can amount to significant criminal proceeds. In some cases these gains can illegally fund lavish lifestyles.
Financial investigation powers POCA provides financial investigation powers to Accredited Financial
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www.CCRMagazine.com December 2019
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