Breach Section 55 Data Protection Act

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Breach section 55 data protection act.

Assentedto22ndjune2011 part i preliminary 1. Practical law coverage of this primary source reference and links to the underlying primary source materials. Data protection act an act to provide for the protection of personal privacy and information. Section 55a states that if there has been a serious contravention of the data protection principles the commissioner may serve the data controller with a monetary penalty notice.

2 part i and sections 7 18 22 23 25 1 26 and 28 came into operation on the 6th january 2012. Data protection act 1998 section 55 is up to date with all changes known to be in force on or before 18 september 2020. Although prosecutions for such offences are rare the case of r v rebecca gray illustrates how section 55 can be used by employers faced with a data breach. Section 170 of the act builds on section 55 dpa 1998 which criminalised knowingly or recklessly obtaining disclosing or procuring personal data without the consent of the data controller and the.

Under section 55 of the dpa a person who obtains personal data knowingly or recklessly without the consent of the data controller is potentially guilty of a criminal offence. 1 this act may be cited as the data protection act. Sections 55a to 55e of the data protection act 1998 provide the commissioner with the power to serve a monetary penalty in the case of a data breach. We will use the information you provide to record the incident and make decisions about any further action we may take.

Section 55 was most often used to prosecute those who had accessed healthcare and financial records without a legitimate reason. The previous data protection act the dpa 1998 criminalised knowingly or recklessly obtaining disclosing or procuring personal data without the consent of the data controller and the sale or offering for sale of that data section 55.