Absence of custodial data protection offence increases likely use of “Malfeasance in Public Office”.
17 January 2011
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If you are employed in the public sector forget about offences under the Data Protection Act if there is deliberate misuse of personal data. In the absence of a custodial sentence, in more serious cases prosecutors are increasingly opting for the blunt instrument that is the common law offence of 'malfeasance in public office'. The offence does not need "personal data" or a computer or even an official secret – all it needs is a public official to be caught
