CHAPTER 12: PENALTIES FOR NON-COMPLIANCE

Some actions give rise to criminal proceedings under the DPA. The most serious of these is the offence under Section 55 of obtaining or disclosing personal data, or procuring the disclosure of personal data without the consent of the data controller. In order to commit the offence, the accused must know or be reckless that they do not have such consent. There are various defences, including the possibility that, in the particular circumstances, the activity was justified in the public interest. The Information Commissioner has recommended that this offence should carry a custodial sentence, and it is likely that the law will be changed accordingly. Currently the offence is punishable by a fine of up to ...

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