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(s) issue, approve, amend or revoke codes of conduct;
(t) make and issue Guidelines to assist public or private bodies to develop codes of
conduct or to apply codes of conduct;
(u)
impose administrative sanctions which may be punitive, depending on the facts of
the matter such as the cancellation of the authorization of processing of personal
information, fines or awarding of damages to the benefit of the injured data subject
in the case of violation of the provisions of this Act;
(v) establish mechanisms of cooperation with other authorities or other data protection
authorities from other countries, for purposes of resolving cross-border disputes
pertaining to data protection and information privacy;
(w) review a decision made under an approved code of conduct;
(x) exercise and perform such other functions or powers conferred by this Act; and
(y) make such decisions and authorizations as may be necessary in carrying out the
functions of the Commission.
(2) The Commission may, from time to time, in the public interest or in the legitimate
interests of any person or body of persons, publish reports relating to the exercise of the
functions of the Commission under this Act or to any case investigated by the Commission.
Powers of the Commission to impose sanctions
6. (1) The Commission may issue (a) a warning to a data controller who fails to comply with the obligations of this Act;
or
(b) a formal notice calling upon a data controller to comply within a specified
period.
(2) A warning and notice issued in term of subsection (1) shall be served on the data
controller by the Commission.
(3) Where the controller fails to comply with a notice issued in terms of subsection (1) (b),
the Commission may (a) limit, suspend or terminate the authorization of a data collector to process personal
information, issued under this Act, or
(b) impose an administrative fine not exceeding five million Emalangeni
(5, 000, 000.00) or 2 percentage (%) of the annual turnover of the data controller.
(4) Where a person or body or persons fails to comply with the provisions of this Act the
Commission may
(a) cancel or suspend the authorization to process personal information;
(b) impose a fine against that person or body or persons; or
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