Section 32
Improper use of personal data
of Personal Data Protection Order, 2025
(1)
If-
(a} an individual makes use of personal data in the possession or under the control of an organisation or a public agency;
(b)
the use is not authorised by the organisation or public agency;
{c) the individual does so -
(i)
knowing that the use is not authorised by the organisation or public agency; or
(ii)
reckless as to whether the use is or is not authorised by the organisation or public agency; and
(d)
the individual, as a result of that use -
(i)
obtains a gain for the individual or another person;
(ii)
causes harm to another individual; or
(iii)
causes a loss to another person, the individual is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.
(2)
In proceedings for an offence under subsection (1), it is a defence to the charge for the accused to prove, on a balance of probabilities, any of the following-
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(a} that-
(i)
the personal data in the possession or under the control of an organisation or a public agency that was used was, at the time of the use, publicly available; and
(ii)
where the personal data was publicly available solely because of an applicable contravention, the accused did not know, and was not reckless as to whether, that was the case;
(b)
the accused used the personal data in the possession or under the control of the organisation or public agency -
(i)
as permitted or required by or under any other written law
(other than this Order);
(ii)
as authorised or required by an order of court;
(iii)
in the reasonable belief that, and was not reckless as to whether, the accused had the legal right to do so; or
(iv)
in any other circumstances, or for any other purpose, prescribed.
(3)
For the avoidance of doubt, subsection (2) does not affect any obligation or limitation imposed on, or prohibition of, the use of personal data in the possession or under the control of an organisation or a public agency by or under any other written law.
(4)
In this section, "applicable contravention" means a contravention of section 31(1) or 33(1).