Personal Data Protection Act
GN. NO. 395B (Contd)
a representative of a data subject where the
data subject is a child or a person of unsound
mind;
(b) the data subject’s rights have been infringed
by reason of the contravention; and
(c) the damage relates to the processing of
personal data in contravention of the
provisions of this Act.
(3) Where the Commission is satisfied on the
application of a data subject(a) that he has suffered damage by reason of
contravention of any of the requirements of
this Act by a data controller or data processor
in respect of any personal data, in
circumstances entitling him to compensation
under this section; and
(b) that there is a substantial risk of further
contravention in respect of the personal data
in such circumstances,
the Commission may order the rectification, blocking,
erasure or destruction of any of the personal data.
(4) The Commission may, where it makes an
order under subsection (3), and where it considers it
reasonable, order the data controller or data processor to
notify third parties to whom the personal data have been
disclosed of the rectification, blocking, erasure or
destruction.
(5) In determining whether it is reasonably
practicable to require the notification in subsection (4),
the Commission shall have regard, in particular, to the
number of persons who need to be notified.
Rectification,
blocking, erasure
and destruction
of personal data
38.-(1) Where the Commission is satisfied on the
application of a data subject that his personal data is
inaccurate, the Commission may order the data
controller or data processor to rectify, block, erase, or
destroy the personal data.
(2) Subsection (1) shall apply whether or not the
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