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Data Protection and Compliance in Context by Stewart Room

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CRIMINAL PROCEEDINGS

In theory any breach of the data protection principles can result in criminal proceedings against the data controller, because of the provisions of section 47 of the DPA, which says that a person who fails to comply with an enforcement notice, an information notice or a special information notice is guilty of an offence. However, as far as these offences are concerned the data controller always has a ‘second chance’, because if a notice is complied with, section 47 is not engaged.

The DPA does create a series of criminal offences that do not require the Information Commissioner to go through the notice procedure before prosecution. In these cases the Information Commissioner may commence criminal proceedings if he considers ...

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