|593||Title:||Unsolicited Electronic Messages Ordinance||Gazette Number:||E.R. 2 of 2012|
|Section:||58||Heading:||Offences relating to misuse of information||Version Date:||02/08/2012|
(1) No person to whom an unsubscribe request is sent under section 9 (commercial electronic messages must contain unsubscribe facility) shall use any information obtained thereby other than for the purpose of complying with the requirements of that section or section 10 (commercial electronic messages must not be sent after unsubscribe request is sent).
(2) No person to whom any information contained in a do-not-call register is made available under section 33 (access to do-not-call registers) shall use any information obtained thereby other than for the purpose described in section 31(2)(b) (Authority may establish do-not-call registers).
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine at level 6.
(4) A person who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction on indictment to a fine of $1000000 and to imprisonment for 5 years.
(5) It is a defence to a charge for an offence under subsection (3) for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.