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Damages paras 8.13 to 8.14

Damages

8.13 Should any person who has made a disclosure having been given a section 49 notice or whose own protected information or whose own key has been disclosed as a consequence of a notice incur any loss or damage in consequence of:

  • any breach by a person on whom the duties to safeguard disclosed keys apply, or
  • any contravention of the arrangements for those safeguards made by any person who is under the control of a person to whom section 55 of the Act applies;
the injured person may take civil action in relation to such a breach or contravention against the person on whom the duties to safeguard disclosed keys apply.

8.14 Any court hearing such proceedings shall have regard to any opinion with respect to which the proceedings relate that is or has been given by a relevant Commissioner.

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