39Compensation for damage to equipment or data

39 Compensation for damage to equipment or data

(1) If: (a) damage is caused to equipment as a result of it being operated as mentioned in section 28, 31 or 32; or (b) the data recorded on the equipment is damaged or programs associated with its use are damaged or corrupted; because: (c) insufficient care was exercised in selecting the person who was to operate the equipment; or (d) insufficient care was exercised by the person operating the equipment; compensation for the damage or corruption is payable to the owner of the equipment or the user of the data or programs concerned. (2) For the purposes of subsection (1), damage to data includes damage by erasure of data or addition of other data. (3) Compensation is payable out of money appropriated by the Parliament for the purpose. (4) In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises and his or her employees and agents, if they were available at the time, had provided any warning or guidance as to the operation of the equipment that was appropriate in the circumstances.