Unlawful acts by responsible party in connection with account number – Section 105

Chapter 11

Offences, Penalties and Administrative Fines

Section 105

Unlawful acts by responsible party in connection with account number

  1. A responsible party who contravenes the provisions of section 8 insofar as those provisions relate to the processing of an account number of a data subject is, subject to subsections (2) and (3), guilty of an offence.
  2. The contravention referred to in subsection (1) must—
    1. be of a serious or persistent nature; and
    2. likely cause substantial damage or distress to the data subject.
  3. The responsible party must—
    1. have known or ought to have known that—
      1. there was a risk that the contravention would occur; or
      2. such contravention would likely cause substantial damage or distress to the data subject; and
    2. have failed to take reasonable steps to prevent the contravention.
  4. Whenever a responsible party is charged with an offence under subsection (1), it is a valid defence to such a charge to contend that he or she has taken all reasonable steps to comply with the provisions of section 8.
  5. ‘Account number’’, for purposes of this section and section 106, means any unique identifier that has been assigned—
    1.  to one data subject only; or
    2. jointly to more than one data subject,
    3. by a financial or other institution which enables the data subject, referred to in paragraph (a), to access his, her or its own funds or to access credit facilities or which enables a data subject, referred to in paragraph (b), to access joint funds or to access joint credit facilities.

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