Jonathan,
Thanks for the link. I think that most local government officers will be more worried about s.55 than Malfeasance in public office. By contrast, I think that the police will be facing more Malfeasance in public office rather than s.55.
In any case, the point will be moot because it will depend on whether the CPS can build a case. I think they will find it easier to convict local government on s.55 than Malfeasance in public office unless the officer has specific functions that start to fit the characteristics mentioned at the end of the briefing note.
My guess is that we will see a change in the legislation as privacy and data protection increase so that a custodial sentence can be used against anyone breaching the Acts rather than looking specifically towards what constitutes a public office (never fully defined), because breaches will increasingly become big business.
At the moment, we see nuisance and distress. Wait until money can be made disclosing datasets and other information, and the situation will change.
Thanks again for the link.
Best,
Lawrence
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