67. Prosecutions and penalties

67.—

1. No proceedings for an offence under this Act shall be instituted except—

(a) by the Director of Public Prosecutions; or

(b) by the Commissioner, with the consent of the Director of Public Prosecutions.

2. Subject to subsection (3), the court by or before which a person is convicted of an offence under—

(a) section 18(1) (processing without registration), 19(5) (carrying on specified processing other than via assessment by the Commissioner), 61 (unlawfully obtaining, etc. personal data) or 63 (prohibition on requiring certain records); or

(b) section 52(1) (failure to comply with notice), as concerns an enforcement notice, may order that any document or other material used in connection with the commission of the processing of personal data and appearing to the court to be connected with the commission of the offence to be forfeited, destroyed or erased.

3. A court shall not make an order under subsection (2) in relation to any material where a person, other than the offender, claiming to be the owner of the material, or otherwise interested in the material, applies to be heard by the court, is given an opportunity to be heard, and shows cause why the order should not be made.