284
petent jurisdiction for the setting aside
ol variation of the notice.
(2)
A complainant, who has been informed of the result of the investigation may, within 30 days of receiving the result, appeal to the Magistrate
Court having jurisdiction against the lesuit of the investigation.
Civil remedies
49.
A data subject may institute a civil action for damages in a court having
jurisdiction against a data controller for bleach of any plovision of this Act.
PART VI _ GENERAL PROVISIONS
Unsolicited electronic communications
50. (1)
In this section, "direct marketing" means communication by
whatever means of any advertising or marketing matelial which is directed to
particular data subjects,
(2) A data subject is entitled at any time by notice to a data controller to require the data controller to cease, or not to begin, processing of pelsonal data in respect of which he is the data subject for the purposes of dilect
marketing.
(3)
If the Commission is satisfied,
on the application of any person
who has given a notice under subsection (Z),that the data controllel has failed
to comply with the notice, the Commission may order the data contloller to take
such steps for complying with the notice as the Commission thinks
fit.
Automated decision rnaking
. (1) Subject to subsection (2), a person may not be subjected to a decision which has legal effect on him, ol which affects him significantly, based
solely on the automated processing of personal information intended to provide
a plofile of celtain aspects of his personality ol personal habits.
51
(2)
The provisions of subsection (1) shall not apply where the deci-
sion -
(a)
has been talcen in connection with the conclusion or per-
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