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Strict outcome · Comparison Pair · Fraud

Civil servant — 1y 6m for accessing 5,000 personal records

Civil servant K (anonymized)·Public official·District Court · 2020

Harm

~5,000 records accessed (no monetary motive)

Sentence

1y 6m

Court

District Court

Guideline

Comparison thesis

5,000 records by one civil servant: 1y 6m prison. 25 million records by a corporation: corporate fine.

When the harm is to data, individual liability scales linearly with records accessed; corporate liability scales toward an apology and a one-time fine. The same Personal Information Protection Act, applied at very different scales of personhood.

Case summary

A civil servant who accessed approximately 5,000 personal records of strangers via the public-administration system over 6 months — purely out of curiosity, with no monetary motive — received 1 year and 6 months of actual imprisonment under the Personal Information Protection Act.

Disparity flags

Within guideline

Sources

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