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Data Protection (Processing of Sensitive Personal Data) Order 2006

It is important to take very seriously retaining the privacy of sensitive personal data, particularly given that the proposal is to grant commercial organisations access to that data. There has to be a very strong case for an order of this kind to be made. I accept that in this case a very strong case has been made; I note in particular that the Select Committee on the Merits of Statutory Instruments has described the order as, "““a good example of an appropriate balance between the rights of the state and the rights of the individual””." I have just one reservation in connection with the extending of access to the data to cases where there have been cautions and not only to cases where there have been convictions. We know that cautions are given only in first offence cases and where a case is so minor that it does not justify the imposition of a sentence by the court. Given that the loss of the card and the possible closing of the account may cause considerable practical difficulties, both immediately and in the future, to any person to whom it happens, is the noble Baroness satisfied that this is necessarily wholly proportionate? I assume that if this information is provided there will be no opportunity to look at the merits of any individual case in order to decide whether or not withdrawal is appropriate. I recognise, of course, that what is happening here is, in a sense, merely the giving of information of a breach of contract, but I do not think that that in itself is sufficient to justify it. This contains very much a protection-of-the-children element and I would be interested to hear why the noble Baroness feels it is necessary to extend this to cases of cautions and not merely to convictions.