1998/121 - AG v Bio - Nique and Bio - Trans [1998] UR 121 (12 June 1998)

Both companies breached Article 4(1) by failing to register as data processors; cooperation and first offence were mitigating factors but did not negate liability.

Source-derived case information.

Citation: [1998] UR 121
Parties: Defendant: Bio-Nique Limited; Defendant: Bio-Trans (Jersey) Limited; Prosecutor: Data Protection Registrar
Jurisdiction: Jersey
Judgment Date: 12 June 1998
Procedural Posture: Criminal / Judgment
Outcome: conviction and fine
Legal Topics: Failure to Register Data Processing, First Offence Under Data Protection Law

Data Protection Criminal Law Failure to Register Data Processing First Offence Under Data Protection Law

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Parties

Bio-Nique Limited

Defendant

Bio-Trans (Jersey) Limited

Defendant

Data Protection Registrar

Prosecutor

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the companies breached Article 4(1) of the Data Protection (Jersey) Law, 1987 by failing to register as data processors

Ratio Decidendi

Both companies breached Article 4(1) by failing to register as data processors; cooperation and first offence were mitigating factors but did not negate liability.

Court Disposition

conviction and fine

Orders

A fine of £500 and costs of £125 imposed on each company

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