Criminal Justice and Immigration Bill — disclosure of information by data controllers — 23 Apr 2008 at 17:47
moved Amendment No. 95:
After Clause 76, insert the following new Clause-
"Data protection: additional offences
(1) After section 55 of the Data Protection Act 1998 (c. 29) insert-
"55A Data protection: additional offences
(1) A data controller must not-
(a) intentionally or recklessly disclose information contained in personal data to another person,(b) repeatedly and negligently allow information to be contained in personal data to be disclosed, or(c) intentionally or recklessly fail to comply with duties under section 4(4).
(2) Subsection (1)(a) does not apply if the data controller can show that the disclosure-
(a) was necessary for the purpose of preventing or detecting crime,(b) was required or authorised by or under any enactment, by any rule of law, or by the order of a court, or(c) was justified in the particular circumstances as being in the public interest.
(3) This section shall apply whether or not the data controller is-
(a) a relevant authority under section 29, or(b) exercising a relevant function under section 31.
(4) A data controller who contravenes subsection (1) is guilty of an offence."
(2) In section 63 of the Data Protection Act 1998, omit subsection (5)."
On Question, Whether the said amendment (No. 95) shall be agreed to?
Their Lordships divided: Contents, 134; Not-Contents, 130.
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