104 No. 3 of
2021]
Data Protection
(2) Where the offence is committed by a natural person, that
person shall be liable, on conviction to a fine not exceeding one
million penalty units or to imprisonment for a term not exceeding
five years, or to both.
PART V
REGULATION OF DATA CONTROLLERS, DATA PROCESSORS AND DATA
AUDITORS
Prohibition
from
controlling
or
processing
personal
data without
registration
19. (1) A person shall not control or process personal data
without registering as a data controller or a data processor under
this Act.
Application
for
registration
as data
processor or
data
controller
20. (1) A person who intends to process personal data shall
apply to the Data Protection Commissioner for registration as a
data controller or data processor in a prescribed manner and form
on payment of a prescribed fee.
(2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years or both.
(2) The Data Protection Commissioner may, within fourteen
days of receipt of an application under subsection (1), grant or
reject the application.
(3) The Data Protection Commissioner shall, where it rejects
an application under subsection (2), inform the applicant, in writing
and give reasons for the decision.
Registration
of data
controller
and data
processor
21. (1) The Data Protection Commissioner shall, within
fourteen days of the approval of an application under section 20,
issue the applicant with a certificate of registration, if the applicant
meets the prescribed requirements.
(2) A registered data controller or data processor shall display
the certificate of registration issued under this Act in a conspicuous
place at the registered data controller’s or data processor’s principal
place of business and a certified copy of the certificate of registration
at every subsidiary premises where the registered data controller
or data processor carries on business.
Renewal of
certificate of
registration
22. (1) A registered data controller or data processor may three
months before the expiration of the validity of the certificate, apply
to the Authority for renewal of a certificate of registration in a
prescribed manner and form on payment of a prescribed fee.
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