Personal Data Protection Act, No. 9 of 2022
37
(5) The imposition of a penalty under this section shall
not preclude a relevant regulatory or statutory body from
taking any other regulatory measures including, but not
limited to, the suspension of such controller or processor
from carrying on of a business or profession or the
cancellation of a licence or authority granted for the carrying
on of a business or profession, as may be permitted in terms
of any applicable written law or rules for the regulation or
supervision of such controller or processor.
(6) Where a penalty is imposed under this section on a
body of persons, then–
(a) if that body of persons is a body corporate, every
person who at the time of non-compliance under
subsection (1) was a director, and other officer
responsible with management and control of that
body corporate;
(b) if that body of persons is a firm, every partner of
that firm; or
(c) if that body is not a body corporate, every person
who at the time of non-compliance of requirements
under subsection (1) was the officer responsible with
management and control of that body,
shall be liable to pay such penalty, unless he proves that he
had no knowledge of the failure to comply with the
requirement under subsection (1) or that he exercised all
due care and diligence to ensure the compliance therewith.
(7) A controller or processor who is aggrieved by the
imposition of an administrative penalty under this section,
may appeal against such decision to the Court of Appeal
within twenty-one working days, from the date of the notice
of the imposition of such administrative penalty was
communicated to such person.
(8) Until rules are made under Article 136 of the
Constitution pertaining to appeals under this section, the
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