Seanad Electoral (University Members) (Amendment) Act 2024
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Offences in relation to use of register of electors | ||
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21. (1) A person who uses or causes to be used, or permits without lawful authority or excuse another person to use, information contained in the register of electors for a purpose other than an electoral or other statutory purpose shall be guilty of an offence. | ||
(2) Without prejudice to the generality of subsection (1), information contained in the register of electors may be used by— | ||
(a) an elected representative, political party or electoral candidate for the purpose of communicating with a data subject (within the meaning of Article 4(1) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)) about policies or activities, and | ||
(b) by an elected representative (within the meaning of section 40 of the Data Protection Act 2018 ) for the purposes of performing his or her duties. | ||
(3) It shall be an offence for a person, without lawful authority, to wilfully destroy or mutilate any notice, copy of the register of electors or other document made available for public inspection in connection with the register of electors. | ||
(4) Where an offence under this section is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or any other person who was acting or purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(5) A person who is guilty of an offence under this section shall be liable— | ||
(a) on summary conviction to a class D fine or to imprisonment for a period not exceeding 3 months or to both such fine and such imprisonment, or | ||
(b) on conviction on indictment to a class C fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. | ||