Data Protection Act 2018

Disclosure of personal data obtained without authority

145. (1) A person who, without the prior authority of the controller or processor—

(a) obtains personal data, and

(b) discloses the data or information to another person,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(2) Subsection (1) does not apply to a person who shows that the disclosing was required or authorised by or under any enactment, rule of law or order of a court.

(3) A person who sells personal data that were disclosed to the person in contravention of subsection (1) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(4) A person who offers to sell personal data obtained without the prior authority of the controller or processor shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.