Personal Data Protection Act 2010 · Updated to 15 Sep 2026 · Part IX · Enforcement
125. Forfeiture of computer, book, account, etc., seized
Feedback & supportAny computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized shall be liable to forfeiture.
An order for the forfeiture of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized was the subject matter of or was used in the commission of the offence, notwithstanding that no person has been convicted of such offence.
this Act
“this Act” includes regulations, orders, notifications and other subsidiary legislation made under this Act;
If there is no prosecution with regard to any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized under this Act, such computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to
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personal data
“personal data” means any information in respect of commercial transactions, which— (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010;
the last-known address of the person from whom the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article was seized indicating that there is no prosecution in respect of such computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5) and (6).
Any person asserting that he is the owner of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article referred to in subsection (3) and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article is held that he claims the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article.
On receipt of the notice under subsection (4), the authorized officer shall refer the matter to a Magistrate for his decision.
The Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article and the person from whom it was seized to appear before the Magistrate, and upon their appearance or default to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter and, on proof that an offence under this Act has been committed and that the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized was the subject matter of or was used in the commission of such offence, the Magistrate shall order the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article to be forfeited, and shall, in the absence of such proof, order its release.
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Any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article forfeited or deemed to be forfeited shall be delivered to the Commissioner and shall be disposed of in such manner as the Commissioner thinks fit.
Commissioner
“Commissioner” means the Personal Data Protection Commissioner appointed under section 47;