2 - The penalty shall be increased to double the maxima if the damage caused is
particularly serious.
3 – If the agent acts with negligence the penalty in both cases shall be up to one year’s
imprisonment or a fine of up to 120 days.
1 – Any person who after being notified to do so does not interrupt, cease or block the
processing of personal data shall be subject to a penalty corresponding to the crime of
qualified non-compliance.
(a) without just cause refuses to provide the cooperation specifically required of him
according to Article 24;
(b) does not erase or totally or partially destroy the personal data;
(c) does not destroy the personal data after the period for keeping them provided for in
Article 5 has elapsed.
1 – Any person bound by professional secrecy according to the law who without just cause
and without due consent reveals or discloses personal data, totally or in part, shall be
liable to up to two years’ imprisonment or a fine of up to 240 days.
(a) is a civil servant or equivalent, according to penal law;
(b) acts with the intention of obtaining a material advantage or other unlawful gain;
(c) adversely affects the reputation, honour and esteem or the privacy of another person.
3 – A person guilty of negligence shall be liable to up to six months’ imprisonment or a
fine of up to 120 days.
4 – Other than the cases provided for in 2, criminal proceedings are dependent upon a
complaint.
Any attempt to commit the crimes provided for in the above provisions shall always be
liable to punishment.
(a) temporary or permanent prohibition of processing, blocking, erasure or total or partial
destruction of data;
(b) publication of the judgement;
(c) public warning or censure of the controller, according to Article 22 (4).
2 – The judgement shall be published at the expense of the person judged in the
periodical with the largest circulation published in the area of the district where the
infringement was committed, or otherwise in a periodical in the nearest district, and by
means of affixing a notice for a period of no less than 30 days.
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