Two ex-T-Mobile staff have to pay £73,700 in fines and confiscation orders after being found guilty of breaking the Data Protection Act. David Turley and Darren Hames were identifying customers whose mobile contracts were about to end. These contact details were then sold onto sales companies flogging new contracts. They …
not being lawyers - then not going bankrupt and telling the ICO they dont have any dosh
while living in a million+ house... The ICO has already said it has no powers to investigate
further when told there is no cashleft - WOT!
The fatal mistake...
was an individual stealing personal data from a big corporate.
If a BIG corporate steals personal data from citizens, the ICO exists to ensure that absolutely nothing will happen. Unless they're a public sector organisation that has failed to protect government data.
The ICO doesn't protect UK citizens from corporate crooks, it protects corporate crooks from UK citizens.
Going bankrupt is a method that can be used in a civil case. If someone sues another party and that other party doesn't have the means to pay, then bankrupty is an option the defendant may decide to adopt. Ocassionally, the plaintiff can initiate bankrupty proceedings against the defendant but that's not very likely: it's generally not in their interest to do so as the plaintiff is not likely to recover all the money they are owed.
Baliffs can seize posessions to repay the debt. As far the defendant is concerned, entering bankruptcy can be a good thing as the debts are wiped clean but there are consequences.
The application of the data protection act is criminal law, whether the defendant can simply declare themselves bankrupt as a way to avoid the sentence issued by a magistrate or judge, really depends on what's written into the law.
Failure to comply with the repayment order could result in imprisonment - often an incentive to pay up!
In a civil court case, you can't go to prison for unpaid debts. Having said that, I believe, if you keep on going bankrupt because of your own stupid behaviour, and failing to learn your lesson, I believe they can send you to prison.
So to answer your question, no, I don't think the criminals can declare themselves bankrupt as a away to avoid repaying the fines imposed.
Unless your name is Andrew Crossley...
No, honest, it's the wife's Ferrari...