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Disclosure of personal data obtained without authority
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145. (1) A person who, without the prior authority of the controller or processor—
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(a) obtains personal data, and
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(b) discloses the data or information to another person,
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shall be guilty of an offence and shall be liable—
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(i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
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(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.
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(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.
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(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—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
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(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.
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(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—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or
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(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.
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