Data protection prosecution?

With all the hype today regarding data protection, I feel I have to write about what happened to me. A pensioned off member of staff of a well known bank has given a witness statement on behalf of the applicant in a tribunal hearing. 

The statement gives personal details of the running of my bank account including salary, loans etc.  It has no relevance to the actual hearing, it was done maliciously. I have now in writing from the bank that she was not given their permission to give this information and the Information Commissioner’s Office has admitted she has committed a criminal offence under the DPA, although they are writing to this person, they will not be prosecuting.

Surely if a ciminal offence has been committed she should be prosecuted?

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