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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
  Version 2 of 2    

4. Obligation not to require data subject to exercise right of access under Data Protection Regulation and Directive in certain circumstances

(1) A person shall not, in connection with -

(a) the recruitment of an individual as an employee,

(b) the continued employment of the individual, or

(c) a contract for the provision of services to the person by an individual,

require that individual to -

(i) make a request under Article 15 or under section 91, or

(ii) supply the person with data relating to that individual obtained as a result of such a request.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable -

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

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