Data Protection Act 2018

4

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

4. (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.