Section 77: Power to alter penalty unlawfully obtaining etc. personal data
535.This section confers a power on the Secretary of State to make an order altering the maximum penalty for an offence under section 55 of the Data Protection Act 1998.
536.Section 55(1) and (3) of that Act provide that a person is guilty of an offence if they knowingly or recklessly, without the consent of the data controller, obtain or disclose personal data or procure the disclosure of personal data to another person. Section 55(4) and (5) provide that a person is guilty of an offence if they sell or offer to sell personal data obtained in breach of section 55(1).
537.Subsection (1) of section 77 allows the Secretary of State to make an order providing for a person guilty of an offence under section 55 to be liable on summary conviction to imprisonment for a term not exceeding the specified period, or to a fine not exceeding the statutory maximum, or to both or on conviction on indictment to imprisonment for a term not exceeding the specified period or to a fine or to both.
538.Subsection (2) provides that the “specified period” must not exceed on summary conviction a maximum term of twelve months imprisonment (or in Northern Ireland, 6 months) and on conviction on indictment a maximum of two years imprisonment.
539.Subsection (3) provides that the Secretary of State must ensure that in the case of summary conviction in England and Wales any specified period which exceeds six months is to be read as a reference to six months in relation to offences committed before section 282(1) of the 2003 Act is commenced. Those provisions increase the maximum term for imprisonment which may be imposed on summary conviction in England and Wales to twelve months.
540.Subsection (4) stipulates that before an order can be made under this section the Secretary of State must consult with interested parties, including the Information Commissioner and media organisations.
