Personal Data Protection Order, 2025 · As enacted · Part · Investigation and Offences
50. Offences by body corporate etc.
Official textFrom Attorney General's Chambers, unchanged
Where an offence under this Order committed by a body corporate is proved-fa} to have been committed with the consent or connivance of an officer; or fb} to be attributable to any neglect on his part, the officer as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
Where the affairs of the body corporate are managed by its members, subsection ( 1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of that body corporate.
Where an offence under this Order committed by a partnership IS proved-fa} to have been committed with the consent or connivance of a partner; or fb} to be attributable to any neglect on his part, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Where an offence under this Order committed by a limited liability partnership is proved -
fa} to have been committed with the consent or connivance of a partner or manager of the limited liability partnership; or fb} to be attributable to any neglect on their part, the partner or manager, as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Where an offence under this Order committed by an unincorporated association (other than a partnership) is proved-
(a} to have been committed with the consent or connivance of; or 55
(b} to be attributable to any neglect on the part of, an officer of the unincorporated association or a member of its governing body, the officer or member, as well as the unincorporated association is guilty of that offence and liable to be proceeded against and punished accordingly.
A person mentioned in subsections (1), (2), (3), (4) and (5) may rely on a defence that would be available to the body corporate, partnership, limited liability partnership or unincorporated association if it were charged with the offence with which the person is charged and, in doing so, the person bears the same burden of proof that the body corporate, partnership, limited liability partnership or unincorporated association would bear.
In this section, unless the context otherwise requires -
"officer"-
(a} in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate, any person who holds a controlling interest in that body, and includes a person purporting to act in any such capacity; or
(b} in relation to an unincorporated association (other than a partnership), means the president, the secretary or a member of the committee of the unincorporated association or a person holding a position analogous to that of president, secretary or member of a committee, and includes a person purporting to act in any such capacity;
"partner", in relation to a partnership, includes a person purporting to act as a partner.
Part