Closed level - click to open| Data Protection Act 1998 (c. 29) | |||
| Main body | |||
| Part VI Miscellaneous and General | |||
| Unlawful obtaining etc. of personal data | |||
Unlawful obtaining etc. of personal data.
— (1) A person must not knowingly or recklessly, without the consent of the data controller—(a)
obtain or disclose personal data or the information contained in personal data, or
(b)
procure the disclosure to another person of the information contained in personal data.
(a)
that the obtaining, disclosing or procuring— (i) was necessary for the purpose of preventing or detecting crime, or (ii) was required or authorised by or under any enactment, by any rule of law or by the order of a court,
(b)
that he acted in the reasonable belief that he had in law the right to obtain or disclose the data or information or, as the case may be, to procure the disclosure of the information to the other person,
(c)
that he acted in the reasonable belief that he would have had the consent of the data controller if the data controller had known of the obtaining, disclosing or procuring and the circumstances of it, or
(d)
that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.
(a)
he has obtained the data in contravention of subsection (1), or
(b)
he subsequently obtains the data in contravention of that subsection.
F1 | Words in s. 55(8) inserted (1.1.2005) by 2000 c. 36, ss. 70(2), 87(3) (with ss. 56, 78); S.I. 2004/1909, art. 2 |
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| Version no | Start date | End date | Extent | Confers power | Blanket amendment |
|---|---|---|---|---|---|
| > 2 | 01/01/2005 | E+W+S+N.I. | N | N |