| (1) |
A
data user who, in any-
| (a)
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data user return submitted under section
14(4) to the Commissioner;
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| (b) |
notice under section 14(8) served on the
Commissioner; or
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| (c) |
notice under section 15(3) or (4) submitted
to or served on the Commissioner, knowingly
or recklessly supplies any information-
- which is false or misleading in a material
particular; and
- in purported compliance with that section,
commits an offence and is liable on conviction
to a fine at level 3 and to imprisonment
for 6 months.
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| (2) |
A
person who, in any data access request or data
correction request, supplies any information-
| (a)
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which is false or misleading in a material
particular; and
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| (b) |
which is so supplied for the purpose of
having the data user concerned comply with
the request,
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commits
an offence and is liable on conviction to a fine
at level 3 and to imprisonment for 6 months.
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| (3) |
A
person who, in any notice under section 15(6)
served on the Commissioner, supplies any information-
| (a)
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which is false or misleading in a material
particular; and
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| (b) |
which is so supplied for the purpose of
having the Commissioner comply with the
request to which the notice relates,
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commits
an offence and is liable on conviction to a fine
at level 3 and to imprisonment for 6 months.
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| (4) |
A
data user who, in any matching procedure request
submitted to the Commissioner, supplies any information-
| (a)
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which is false or misleading in a material
particular; and
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| (b) |
which is so supplied for the purpose of
having the Commissioner consent to the matching
procedure to which the request relates,
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commits
an offence and is liable on conviction to a fine
at level 3 and to imprisonment for 6 months.
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| (5) |
A
data user (including a data user first-mentioned
in section 32(2)) who contravenes any condition
specified in a notice under section 30(2) or 32(1)(b)(i)
commits an offence and is liable on conviction to
a fine at level 3.
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| (6) |
Any
person who contravenes section 44(3) or 46(1) commits
an offence and is liable on conviction to a fine
at level 3 and to imprisonment for 6 months.
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| (7) |
Subject
to subsection (8), any relevant data user who contravenes
an enforcement notice served on the data user commits
an offence and is liable on conviction to a fine
at level 5 and to imprisonment for 2 years and,
in the case of a continuing offence, to a daily
penalty of $1,000.
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| (8) |
It
shall be a defence for a relevant data user charged
with an offence under subsection (7) to show that
the data user exercised all due diligence to comply
with the enforcement notice concerned.
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| (9) |
Any
person who
| (a)
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without lawful excuse, obstructs, hinders
or resists the Commissioner or any other
person in the performance of his functions
or the exercise of his powers under Part
VII;
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| (b) |
without lawful excuse, fails to comply
with any lawful requirement of the Commissioner
or any other person under that Part; or
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| (c) |
makes
a statement which he knows to be false or
does not believe to be true, or otherwise
knowingly misleads the Commissioner or any
other person in the performance of his functions
or the exercise of his powers under that Part,
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commits
an offence and is liable on conviction to a fine
at level 3 and to imprisonment for 6 months.
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| (10) |
A
data user who, without reasonable excuse, contravenes
any requirement under this Ordinance (other than
a contravention of a data protection principle)
for which no other penalty is specified in this
section commits an offence and is liable on conviction
to a fine at level 3. |
