Apr 302010
 
 April 30, 2010  Breaches, Laws, Non-U.S.

Michael Adkins of Collas Day summarizes amendments to the Data Protection (Bailiwick of Guernsey) Law. According to Wikipedia, Guernsey is a possession of the UK and not part of the UK nor part of the EU. Of particular interest to me in their amendments:

Section 55(2) has been amended to offer further exemptions to people who obtain, disclose or procure the disclosure of personal data without the consent of a data controller. A new paragraph has been introduced to exempt anyone who is in breach of these provisions if the breach was committed for a ‘special purpose’ (defined as journalism, art or literary purposes) or in the reasonable belief that it was in the public interest to do so. However, more severe repercussions have been established for those found to be in contravention of law.

and:

Persons found guilty under Section 55 of the law of unlawfully obtaining (or disclosing) personal data without the consent of the data controller may now face a prison sentence. Previously, the most severe penalty available was a fine not exceeding Level 5 on the uniform scale (ie, £10,000). Under the amended provisions, the courts have the alternative sentencing options of 12 months’ imprisonment on summary conviction and two years on indictment.

Prison? This may be one of the toughest laws yet, if they actually enforce it.

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