s.54Unlawful obtaining etc. of personal data
54
Section 54Part 6 — ENFORCEMENT

Unlawful obtaining etc. of personal data

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A person shall not, knowingly or recklessly, without the consent of the data controller —
obtain or disclose personal data; or
procure the disclosure to another person of the personal data.
Subsection (1) does not apply to a person who shows that the obtaining, disclosing or procuring —
was necessary for the purpose of preventing or detecting a crime; or
was required or authorized by or under any enactment, by any law or by the order of the Grand Court.
A person who contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine of one hundred thousand dollars.
A person who sells personal data commits an offence if the person has obtained the data in contravention of subsection (1) and is liable, upon conviction, to a fine of one hundred thousand dollars.
A person who offers to sell personal data commits an offence if —
the person has obtained the data in contravention of subsection (1); or
the person subsequently obtains the data in contravention of that subsection.
For the purposes of subsection (5), an advertisement indicating that personal data are or may be for sale is an offer to sell the data.

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