Section 196 — Data Protection Act 2018: Penalties for offences

Penalties for offences 196 1 A person who commits an offence under section 119 or 173 or paragraph 15 of Schedule 15 is liable—

a on summary conviction in England and Wales, to a fine;

b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

2 A person who commits an offence under section 132, 144, 148, 148C, 170, 171 or 184 is liable—

a on summary conviction in England and Wales, to a fine;

b on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;

c on conviction on indictment, to a fine.

3 Subsections (4) and (5) apply where a person is convicted of an offence under section 170 or 184.

4 The court by or before which the person is convicted may order a document or other material to be forfeited, destroyed or erased if—

a it has been used in connection with the processing of personal data, and b it appears to the court to be connected with the commission of the offence, subject to subsection (5).

5 If a person, other than the offender, who claims to be the owner of the material, or to be otherwise interested in the material, applies to be heard by the court, the court must not make an order under subsection (4) without giving the person an opportunity to show why the order should not be made.