KEZIA: SNP leak broke the law
Minister told he should be ‘very worried’ as calls grow for criminal prosecution
ONE of Nicola Sturgeon’s most senior ministers is facing the threat of criminal prosecution after Kezia Dugdale last night accused him of breaking the law as part of a ‘dirty tricks’ campaign against her.
The Scottish Labour leader was ridiculed last week when an email from 13 years ago – in which she apparently applied for a work experience placement with the SNP – was leaked to the press.
Now Miss Dugdale has accused long-serving Environment Secretary Richard Lochhead of breaking data protection laws by letting details of her document be made public.
She said that the SNP veteran should be ‘very worried’ and revealed she is considering taking formal action against him.
Meanwhile, the Scottish Information Commissioner’s Office yesterday confirmed it will investigate the matter, following a separate complaint from the Scottish Liberal Democrats last week.
If found guilty of breaching the Data Protection Act, Mr Lochhead could face criminal prosecution, or non-criminal enforcement – including a fine of up to £500,000.
Last night, Miss Dugdale told The Scottish Mail on Sunday she is considering pushing for action to be taken against Mr Lochhead by making her own formal complaint after the Holyrood election next month.
She said: ‘He is ultimately and legally responsible. Data protection law says that he is responsible, so if I was him I would be very worried. It doesn’t matter if he wasn’t the one that handed it to a journalist if that is what he is trying to use as a defence. He is responsible for all the data relating to his constituents.
‘He’s been an MSP since 1999 – how many people in the North-East have gone to him for help over these 17 years and how many are worrying about how safe that data is?’
Asked if she would make a com- plaint as the victim of the alleged crime, she said: ‘I haven’t complained about it myself because I want to get on with what this election is about, which is stopping the cuts and protecting public services. I may take further action after the election. I am definitely going to reflect on my options after the election.’
It emerged last week that Miss Dugdale had emailed the SNP in 2003 to ask for work experience, saying the role would be useful before she started a master’s degree in politics.
A newspaper website revealed that Mr Lochhead, who represented the North-East at the time, was the MSP to whom Miss Dugdale had applied.
Mr Lochhead, who became MSP for Moray in 2006 and is the longestserving SNP minister along with Miss Sturgeon, insisted he didn’t go to a newspaper about the email and did not instruct anyone to do so. However, Miss Dugdale said: ‘I don’t think it is a denial. He says he didn’t do it and didn’t ask anyone in his office to do it. That is not what I would call a 100 per cent denial.
‘I view this as dirty tricks. I fully expected the SNP to do this to me, to come after me on a personal level.’
Miss Dugdale insists she has no recollection of applying for work experience with anyone in the SNP.
The law requires organisations to keep information secure and not to hold it for longer than necessary.
An SNP spokesman said: ‘The SNP takes our legal responsibilities very seriously. No documents of any kind have ever been given to any outside organisation. The fact Ms Dugdale asked for a position in the SNP has been very common knowledge in Holyrood circles for a long time.’
‘He is ultimately responsible’