Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 51 Section 56: Summary Offences Offence 56(1) Every person who knowingly collects, uses or discloses personal information in contravention of this Act or the regulations is guilty of an offence and liable on summary conviction to a fine of not more than $50,000, to imprisonment for not more than one year or to both. (2) No proceeding shall be instituted pursuant to this section except with the consent of the Attorney General. (3) Any person who: (a) without lawful justification or excuse wilfully obstructs, hinders or resists the commissioner or any other person in the exercise of the powers, performance of the duties or the carrying out of the functions of the commissioner or other person pursuant to this Act; (b) without lawful justification or excuse, refuses or wilfully fails to comply with any lawful requirement of the commissioner or any other person pursuant to this Act; (c) wilfully makes any false statement to, or misleads or attempts to mislead, the commissioner or any other person in the exercise of the powers, performance of the duties or carrying out of the functions of the commissioner or other person pursuant to this Act; or (d) wilfully destroys any record that is governed by this Act with the intent to evade a request for access to the record; is guilty of an offence and liable on summary conviction to a fine of not more than $50,000, to imprisonment for not more than one year or to both. (4) No employee of a local authority or of an information management service provider shall knowingly disclose or direct another person to disclose personal information in circumstances that would constitute an offence by the local authority or an information management service provider pursuant to this Act. (5) Every employee of a local authority or of an information management service provider who contravenes subsection (4) is guilty of an offence and is liable on summary conviction to a fine of not more than $50,000, to imprisonment for not more than one year or to both, whether or not the local authority or information management service provider has been prosecuted or convicted. (6) No employee of a local authority shall wilfully access or use or direct another person to access or use personal information that is not reasonably required by that individual to carry out a purpose authorized pursuant to this Act.
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