| Data Protection Act 1984 (c. 35) |
| 1984 Chapter c.35 - continued |
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Appeals |
| Rights of appeal. |
13. - (1) A person may appeal
to the Tribunal against-
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(a) any refusal by the Registrar of an application by that person for
registration or for the alteration of registered particulars;
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(b) any enforcement notice, de-registration notice or transfer prohibition
notice with which that person has been served.
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(2) Where a notification that an application
has been refused contains a statement by the Registrar in accordance with
section 7 (7) above, then, whether or not the applicant appeals under paragraph
(a) of subsection (1) above, he may appeal against the Registrar's decision
to include that statement in the notification.
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(3) Where any such notice as is mentioned
in paragraph (b) of subsection (1) above contains a statement by the Registrar
in accordance with section 10(7), 11(5) or 12(7) above, then, whether or
not the person served with the notice appeals under that paragraph, he
may appeal against the Registrar's decision to include that statement in
the notice or against the effect of the inclusion of the statement as respects
any part of the notice.
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(4) Schedule 3 to this Act shall have
effect in relation to appeals under this section and to the proceedings
of the Tribunal in respect of any such appeal.
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| Determination of appeals. |
14. - (1) If on an appeal
under section 13 (1) above the Tribunal considers-
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(a) that the refusal or notice against which the appeal is brought
is not in accordance with the law; or
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(b) to the extent that the refusal or notice involved an exercise of
discretion by the Registrar, that he ought to have exercised his discretion
differently,
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the Tribunal shall allow the appeal or substitute such other
decision or notice as could have been made or served by the Registrar;
and in any other case the Tribunal shall dismiss the appeal.
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(2) The Tribunal may review any determination
of fact on which the refusal or notice in question was based.
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(3) On an appeal under subsection (2)
of section 13 above the Tribunal may direct that the notification of the
refusal shall be treated as if it did not contain any such statement as
is mentioned in that subsection.
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(4) On an appeal under subsection (3)
of section 13 above the Tribunal may direct that the notice in question
shall have effect as if it did not contain any such statement as is mentioned
in that subsection or that the inclusion of the statement shall not have
effect in relation to any part of the notice and may make such modifications
in the notice as may be required for giving effect to the direction.
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(5) Any party to an appeal to the Tribunal
may appeal from the decision of the Tribunal on a point of law to the appropriate
court; and that court shall be-
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(a) the High Court of Justice in England if the address of the person
who was the appellant before the Tribunal is in England or Wales;
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(b) the Court of Session if that address is in Scotland; and
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(c) the High Court of Justice in Northern Ireland if that address is
in Northern Ireland.
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(6) In subsection (5) above references
to the address of the appellant before the Tribunal are to his address
as included or proposed for inclusion in the register.
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Miscellaneous and supplementary |
| Unauthorised disclosure by computer bureau. |
15. - (1) Personal data in
respect of which services are provided by a person carrying on a computer
bureau shall not be disclosed by him without the prior authority of the
person for whom those services are provided.
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(2) Subsection (1) above applies also
to any servant or agent of a person carrying on a computer bureau.
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(3) Any person who knowingly or recklessly
contravenes this section shall be guilty of an offence.
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| Powers of entry and inspection. |
16. Schedule 4 to this Act
shall have effect for the detection of offences under this Act and contraventions
of the data protection principles.
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| Disclosure of information. |
17. - (1) No enactment or
rule of law prohibiting or restricting the disclosure of information shall
preclude a person from furnishing the Registrar or the Tribunal with any
information necessary for the discharge of their functions under this Act.
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(2) For the purposes of section 2 of
the Official Secrets Act 1911 (wrongful communication of information)-
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(a) the Registrar and his officers and servants;
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(b) the members of the Tribunal; and
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(c) any officers or servants of the Tribunal who are not in the service
of the Crown.
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shall be deemed to hold office under Her Majesty.
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(3) The said section 2 shall not be construed
as precluding the disclosure of information by any person mentioned in
subsection (2)(a) or (b) above or by any officer or servant of the Tribunal
where the disclosure is made for the purpose of discharging his duties
under this Act or for the purpose of proceedings under or arising out of
this Act, including proceedings before the Tribunal.
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| Service of notices. |
18. - (1) Any notice or notification
authorised or required by this Act to be served on or given to any person
by the Registrar may-
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(a) if that person is an individual, be served on him-
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(i) by delivering it to him; or
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(ii) by sending it to him by post addressed to him at his usual or
last-known place of residence or business; or
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(iii) by leaving it for him at that place;
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(b) if that person is a body corporate or unincorporate, be served
on that body-
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(i) by sending it by post to the proper officer of the body at its
principal office; or
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(ii) by addressing it to the proper officer of the body and leaving
it at that office.
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(2) In subsection (1) (b) above "principal
office", in relation to a registered company, means its registered office
and "proper officer", in relation to any body, means the secretary or other
executive officer charged with the conduct of its general affairs.
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(3) This section is without prejudice
to any other lawful method of serving or giving a notice or notification.
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| Prosecutions and penalties. |
19. - (1) No proceedings for
an offence under this Act shall be instituted-
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(a) in England or Wales except by the Registrar or by or with the consent
of the Director of Public Prosecutions;
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(b) in Northern Ireland except by the Registrar or by or with the consent
of the Director of Public Prosecutions for Northern Ireland.
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(2) A person guilty of an offence under
any provision of this Act other than section 6 or paragraph 12 of Schedule
4 shall be liable-
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(a) on conviction on indictment, to a fine; or
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(b) on summary conviction, to a fine not exceeding the statutory maximum
(as defined in section 74 of the Criminal Justice Act 1982).
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(3) A person guilty of an offence under
section 6 above or the said paragraph 12 shall be liable on summary conviction
to a fine not exceeding the fifth level on the standard scale (as defined
in section 75 of the said Act of 1982).
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(4) Subject to subsection (5) below,
the court by or before which a person is convicted of an offence under
section 5, 10, 12 or 15 above may order any data material appearing to
the court to be connected with the commission of the offence to be forfeited,
destroyed or erased.
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(5) The court shall not make an order
under subsection (4) above in relation to any material where a person (other
than the offender) claiming to be the owner or otherwise interested in
it applies to be heard by the court unless an opportunity is given to him
to show cause why the order should not be made.
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| Liability of directors etc. |
20. - (1) Where an offence
under this Act has been committed by a body corporate and is proved to
have been committed with the consent or connivance of or to be attributable
to any neglect on the part of any director, manager, secretary or similar
officer of the body corporate or any person who was purporting to act in
any such capacity, he as well as the body corporate shall be guilty of
that offence and be liable to be proceeded against and punished accordingly.
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(2) Where the affairs of a body corporate
are managed by its members subsection (1) above shall apply in relation
to the acts and defaults of a member in connection with his functions of
management as if he were a director of the body corporate.
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