Out-Law News 1 min. read

IT security professionals will need a licence in UK


The House of Commons has passed a bill that means IT security consultants will need a licence to work in the UK. MPs rejected a proposed amendment that would have exempted IT professionals from rules designed to solve problems with rogue wheel-clampers and bouncers.

Shortly after the break-up of Parliament was announced, the House rejected a last-minute attempt to amend the Private Security Industry (PSI) Bill by 315 votes to 111. It now awaits Royal Assent upon which it will become an Act of Parliament.

The government has said it will consult with the Department of Trade and Industry on how the new law should apply to IT security consultants. The Bill defines "security consultant" as anyone giving advice about "security precautions in relation to any risk to property," meaning it could catch systems administrators who configure and maintain computer access controls, and programmers and consultants who typically work on a wide range of system tasks including information security.

Despite rejecting the proposed amendment, Home Office minister Charles Clarke has caused confusion by saying: “It is our fundamental principle to ensure the Bill is targeted at those specialist providers of security services who we have indicated we want to regulate, and that we do not inadvertently catch groups that are not relevant to our policy aims.”

The Confederation of British Industry (CBI) has pointed out that the new law is contrary to the E-commerce Directive which must be implemented in the UK by 17th January 2002. It provides that Member States must “ensure that the taking up and pursuit of the activity of an information society service provider may not be made subject to prior authorisation or any other requirement having equivalent effect.”

The CBI observes that a requirement on IT security professionals to seek licences constitutes “prior authorisation” under the Directive.

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