(f)
(g)
(h)
76.
previous history of any, or such, violation by the data fiduciary or the data
processor, as the case may be;
whether the arrangement between the data fiduciary and data processor contains
adequate transparency and accountability measures to safeguard the personal data
being processed by the data processor on behalf of the data fiduciary;
any other aggravating or mitigating factor relevant to the circumstances of the case,
such as, the amount of disproportionate gain or unfair advantage, wherever
quantifiable, made as a result of the default.
(5)
Where more than one data fiduciary or data processor, or both a data fiduciary and a data
processor are involved in the same processing activity and are found to have caused harm
to the data principal as per this section, then each data fiduciary or data processor may be
ordered to pay the entire compensation for the harm in order to ensure effective and
speedy compensation to the data principal.
(6)
Where a data fiduciary or a data processor has, in accordance with sub-section (5), paid
the entire amount of compensation for the harm suffered by the data principal, such data
fiduciary or data processor shall be entitled to claim from the other data fiduciaries or
data processors, as the case may be, that amount of compensation corresponding to their
part of responsibility for the harm caused.
(7)
Any person aggrieved by an order made under this section by the Adjudicating Officer
may prefer an appeal to the Appellate Tribunal.
(8)
The Central Government may prescribe the procedure for hearing of a complaint under
this section.
Compensation or penalties not to interfere with other punishment.—
No compensation awarded, or penalty imposed, under this Act shall prevent the award of compensation or
imposition of any other penalty or punishment under any other law for the time being in force.
77.
Data ProtectionFunds.—
(1)
There shall be constituted a fund to be called the Data Protection Authority Fundto which
the following shall be credited—
(a)
(b)
all Government grants, fees and charges received by the Authority under this Act;
and
all sums received by the Authority from such other source as may be decided upon
by the Central Government, but which shall not include the sums mentioned in subsection (3).
(c)
The Data Protection Authority Fund shall be applied for meeting—
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