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School ICT Policies Thread, Data breach prosecutions using "Malfeasance in Public Office" rather than DPA -el Reg in School Administration; ...
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    Data breach prosecutions using "Malfeasance in Public Office" rather than DPA -el Reg

    "The offence itself, because it is not based on statute, is not easily defined and perhaps this is why it is used. It gathers into one offence, a range of official misconducts, frauds, deceits, breaches of trust, and disclosures of information. "Malfeasance in public office" has two related cousins – "nonfeasance in public office" (eg a wilful neglect of duty) and "misfeasance in public office" (eg malicious exercise of official duty). The punishment for this offence comes with a potentially unlimited custodial sentence and unlimited fine. As with all common law issues, the penalty depends on the circumstances and this provides another reason why it is preferred."

    Prosecutors opt for 'malfeasance' over DPA to charge officials ? The Register

  2. Thanks to pete from:

    AngryTechnician (18th January 2011)

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