Data Protection Act, 1988
33 of 50
Offences by directors, etc.,
of bodies corporate.
https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true
29.—(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 a person, being a
director, manager, secretary or other officer of that body corporate, or a person who was purporting to act in any such
capacity, that person, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against
and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) of this section 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
or manager of the body corporate.
Prosecution of summary
30.—(1) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commissioner.
offences by Commissioner.
(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence
under this Act may be instituted within one year from the date of the offence.
Penalties.
31.—(1) A person guilty of an offence under this Act shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000, or
(b) on conviction on indictment, to a fine not exceeding £50,000.
(2) Where a person is convicted of an offence under this Act, the court may order any data material which appears to
the court to be connected with the commission of the offence to be forfeited or destroyed and any relevant data to be
erased.
(3) The court shall not make an order under subsection (2) of this section in relation to data material or data where it
considers that some person other than the person convicted of the offence concerned may be the owner of, or
otherwise interested in, the data unless such steps as are reasonably practicable have been taken for notifying that
person and giving him an opportunity to show cause why the order should not be made.
(4) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence under this Act that is not being
prosecuted summarily as if, in lieu of the penalties provided for in subsection (3) (a) of that section, there were specified
therein the fine provided for in subsection (1) (a) of this section and the reference in subsection (2) (a) of the said
section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.
21.02.23, 18:36