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s 74

Use of illegal identifying information

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Part 9Use and destruction of identifying information

74 Use of illegal identifying information

(1)

In this section —

illegal identifying information means identifying information —

(a)

that has been obtained in contravention of this Act or a corresponding law of a participating jurisdiction; or

(b)

that is required by this Act or a corresponding law of a participating jurisdiction to have been destroyed but has not been destroyed.

(2)

For the purposes of this section a person uses illegal identifying information if the person —

(a)

supplies the information to another person —

(i)

to be analysed; or

(ii)

to be put in a forensic database; or

(iii)

to be compared with other information, whether or not in a forensic database;

or

(b)

analyses the information; or

(c)

compares the information with other information, whether or not in a forensic database; or

(d)

puts the information in a forensic database; or

(e)

leaves the information in a forensic database.

(3)

A person who knows or reasonably ought to know that identifying information is illegal identifying information must not use the information.

Penalty: Imprisonment for 2 years.

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