38
Personal Data Protection Act, No. 9 of 2022
rules made under that Article pertaining to an application
by way of revision to the Court of Appeal, shall apply in
respect of every appeal made under subsection (7) of this
section.
(9) Any controller or processor who prefer an appeal to
the Court of Appeal under subsection (7), shall, deposit in
cash as a security such sum of money equal to the penalty
imposed under subsections (1) or (2) before the registrar of
the Court of Appeal.
(10) Where an appeal is preferred under subsection (7),
the burden of proof shall be on the controller or the processor
as the case may be, to prove that he has acted in compliance
with the provisions of this Act.
Matters to
consider when
imposing a
Penalty
39. In making a determination to impose an
administrative penalty, including the amount as provided
in subsection (1) of section 38, the Authority shall have
regard to the following matters:–
(a) the nature, gravity and duration of the
contravention taking into account the nature, scope
or purpose of the processing concerned as well as
the number of data subjects affected and the level
of damage suffered by them;
(b) any action taken by the controller or processor to
mitigate the damage suffered by data subjects;
(c) the effectiveness of the data protection management
programme required from the controller under
section 12;
(d) the degree of co-operation with the Authority, in
order to remedy the contravention and mitigate the
possible adverse effects of such contravention;
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