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Key definition
Data protection definition

What does Data protection mean? In legal practice, data protection describes the rules governing how organisations collect, use, share, retain and secure personal data, including employees’ information. In the UK this regime is set by the UK GDPR and the Data Protection Act 2018; in Ireland by the EU GDPR and the Data Protection Act 2018 (Ireland). The label is descriptive; core concepts (personal data, controller, processor, special category data) and obligations are defined in legislation. In employment, the employer is typically the controller and must identify a lawful basis (for example, contract, legal obligation or legitimate interests) and, for special category data,...

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Data Protection Act 1998 offences (archived): unlawful obtaining and sale of personal data, prohibition on requiring SAR records, defences and sentencing (UK; pre‑25 May 2018)

Practice notes
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Archived: This Practice Note is archived and no longer maintained.

This Practice Note concerns the commission of Data protection offences before 25 May 2018.

Where a data protection offence occurred before 25 May 2018, it may still be prosecuted under the Data Protection Act 1998 (DPA 1998), even though that legislation has been repealed by the Data Protection Act 2018 (DPA 2018). Where an offence is committed on or after 25 May 2018, charges should be considered under the DPA 2018. See Practice Note: Offences under the Data Protection Act 2018.

The offences of unlawful obtaining of Personal data under the DPA 1998

Note that these offences cannot be committed after 25 May 2018.

The DPA 1998 includes various criminal offences that can be prosecuted by the Information Commissioner or the Director of Public Prosecutions, who must give their consent for such prosecutions.

Unlawfully obtaining personal data: DPA 1998, section 55, makes it an offence to obtain personal data unlawfully...

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Dan Hyde
Professor Dan Hyde

Professor Dan Hyde writes, lectures and practises innovative law. A pioneer of the law as it applies to emerging tech he is a leading cybersecurity lawyer and advised the Law Commission on its recent review of cybersecurity and data protection law in the UK. He delivers talks around the World, is a Visiting Professor of Law at Queen Mary, University of London and authored the first UK published books on cybersecurity law and the international regulation and challenges of cryptocurrency and blockchain. He is a partner at Harrison Clark Rickerbys and has been instructed in a number of high profile, ground breaking cases which frequently involve elements of cyber and emerging tech.An Officer of the International Bar Association he has been described by the Legal 500 as “a lawyer of the highest calibre”. Dan's commentaries have broadcast on national and...

Web page updated on 21/05/2026

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