Michael Colreavy (Sligo-North Leitrim, Sinn Fein) | Oireachtas source

I move amendment No. 12:

In page 8, line 24, to delete "its terms."." and substitute the following:

"its terms.

66F. (1) The use of the postcode to breach the data protection rights of a data subject is an offence.

(2) A person who commits an offence under this Part is liable on summary conviction to a fine not exceeding €1,000,000, or in the case of a body corporate, whichever is the greater of €1,000,000 or 2 per cent of the global turnover of that company or where that company is owned by another company, 2 per cent of the global turnover of the ultimate parent company.

(3) Where a person does outside the State an act that, if done in the State would constitute an offence under this section he or she shall be guilty of an offence and he or she shall be liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.

(4) Where an offence under this Part is committed by a body corporate and is proved to have been committed with the consent of or to be attributable to any neglect on any part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in such a capacity, that person, as well as the body corporate, commits an offence and is liable to be prosecuted against and punished as if he or she were committing the first-mentioned offence.

(5) Proceeding for an offence under this Part may be brought and prosecuted by the Data Protection Commissioner.".".

See this speech in context