Data Protection Act? Is There A Prison Sentence In Place If You Violate It?

Question

Im doing my GCSE Applied ICT Coursework, and im trying to work this question out... its so hard to find out anything on the data protection act without going through a million pages! Please Help!

Answer 1

If you use CCTV at your house or workplace and you catch a burglar or some sort of criminal offence on camera, IF you are not registered with the Data Protection Act, that evidence CANNOT be used in court !

Answer 2

Data Protection Act. Data Covered by the Act. Not all computer data is covered by the act. Only personal data which can be associated with individuals is subject to the Data Protection Act. ... The penalty is up to six months in prison. Unauthorised access to a computer system with intent ...


This may help

Gordon

Answer 3

Having looked at the act, I see what you mean!


Prosecutions and penalties. 60. (2)
A person guilty of an offence under any provision of this Act other than paragraph 12 of Schedule 9 is liable-

(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.

So the answer seems to be they will be fined, not imprisoned (although I believe people can be imprisoned if they do not pay fines - but don't quote me on the imprisonment bit!)

Hope this saves you ages of work - it was one of the more boring questions I have answered because of the legal reading involved - it's why I could never have become a lawyer!!!

Answer 4

General provisions relating to offences
Prosecutions and penalties. 60. - (1) No proceedings for an offence under this Act shall be instituted-

(a) in England or Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(2) A person guilty of an offence under any provision of this Act other than paragraph 12 of Schedule 9 is liable-

(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(3) A person guilty of an offence under paragraph 12 of Schedule 9 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Subject to subsection (5), the court by or before which a person is convicted of-

(a) an offence under section 21(1), 22(6), 55 or 56,
(b) an offence under section 21(2) relating to processing which is assessable processing for the purposes of section 22, or
(c) an offence under section 47(1) relating to an enforcement notice,
may order any document or other material used in connection with the processing of personal data and appearing to the court to be connected with the commission of the offence to be forfeited, destroyed or erased.

(5) The court shall not make an order under subsection (4) in relation to any material where a person (other than the offender) claiming to be the owner of or otherwise interested in the material applies to be heard by the court, unless an opportunity is given to him to show cause why the order should not be made.

In essence no. You get fined.

Answer 5

Yes look on the data protection act website, there are 7/9 golden rules but you can go to prison for unauthorised access, ulterior intent etc..

Answer 6

touch the Howard League for penal reform...they are going to be waiting to point you as they manage prisoners rights...I doubt that the detention center has breached confidentiality with the help of telling you approximately your son - they could have considered which you had a right to understand. Re. shifting prisons...save asking approximately this..usually the kin of a prisoner are not getting their desires taken into consideration..the living house workplace chooses the detention center based on class, vacancies and so on.

Answer 7

for the government/police there is no such as data protection act, every e-mail that you ever sent can printed :) that's what happened to me when i got arrested for hacking

oh and btw after 9/11 all internet traffic gets loged and analyzed, the government can see everything

Answer 8

This act was introduced to protect peoples personal information. I imagine if you violated this then you could be sacked and taking to court for breaking the law.

Answer 9

Not for the big companies, obviously. They seem to get away with it. I always get marketing e-mails from companies I never subscribed to!

Answer 10

I think that you will find that it starts of with a fine, probably a small one and then getting progressively bigger, with the more infringements you have.