HC Deb 28 October 2003 vol 412 cc181-2W
Llew Smith

To ask the Secretary of State for the Home Department what redress is available to private citizens(a) whose private activities have been monitored and on (b) whom private data has been collected without their permission by individuals acting on behalf of corporate entities. [133401]

Mr. Blunkett

Private individuals whose activities are monitored, or their personal data collected, without their consent by another private individual (whether acting alone or on behalf of a private enterprise) may seek assistance from the police if the conduct of that monitoring has involved, or is suspected of having involved, the commission of a criminal offence.

Where personal data has been, or is suspected of having been, processed contrary to the provisions of the Data Protection Act 1998, any directly affected person may ask the Information Commissioner to make an assessment. It is open to the Commissioner to take enforcement action if he concludes that the Act has been breached and for individuals to claim compensation through the Courts if damage has been caused as a result of any breach of the Act.

Where the monitoring has been undertaken by a broadcast organisation the individual may seek redress from the Broadcasting Standards Commission or from the Press Complaints Commission where a member of the press has undertaken the monitoring.