61. Unlawfully obtaining, disclosing, etc., personal data

61.—

1. Subject to subsection (2), a person shall not knowingly or recklessly, without the consent of the data controller concerned—

(a) obtain or disclose personal data, or any information contained in personal data; or

(b) procure the disclosure to another person of any information contained in personal data.

2. Subsection (1) does not apply to a person who shows that—

(a) the obtaining, disclosing or procuring was required or authorised by or under any enactment, by any rule of law, or by the order of a court;

(b) the person acted in the reasonable belief that the person had in law the right to obtain or disclose the personal data or information or, as the case may be, to procure the disclosure of the information to the other person;

(c) the person acted in the reasonable belief that the person would have 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) in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.

3. A person who contravenes subsection (1) commits an offence.

4. A person who sells personal data commits an offence if the person obtains the personal data in contravention of subsection (1).

5. A person who offers to sell personal data commits an offence if the person—

(a) obtains the personal data in contravention of subsection (1); or

(b) subsequently obtains the personal data in contravention of subsection (1).

6. For the purposes of subsection (5), an advertisement indicating that personal data are or may be for sale is an offer to sell the personal data.

7. Section 2(2) does not apply for the purposes of this section.

8. For the purposes of subsections (4) to (6), “personal data” includes information extracted from personal data.

9. References in this section to personal data do not include references to personal data which by virtue of section 33 (national security) are exempt from this section.

10. A person who commits an offence under this section shall be liable upon—

(a) summary conviction in a Parish Court to a fine not exceeding five million dollars or to imprisonment for a term not exceeding five years; or

(b) conviction on indictment in a Circuit Court to a fine, or to imprisonment for a term not exceeding ten years.