(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
there has been the authority to consider such matter under other laws.
Section 74
In the event that a complainant does not comply with the rules
provided in section 73 paragraph two, or the complaint filed is prohibited from being accepted
for consideration under such rules, the expert committee shall not accept such complaint for
consideration.
If, after the expert committee’s consideration of the complaint pursuant to
section 72 (1), or the investigation of any act pursuant to section 72 (2), it is found that such
complaint or act has no ground, the expert committee shall issue an order to dismiss such
complaint or investigation.
If, after the expert committee’s consideration or investigation under paragraph
two, it is found that such complaint or act can be settled, and the concerned parties are willing to
settle the dispute, the expert committee shall proceed with the dispute settlement. However, if
such complaint or act cannot be settled, or the dispute settlement fails, the expert committee shall
have the power to issue the following orders:
(1) for the Data Controller or the Data Processor to perform, or rectify their act
within the specified period of time;
(2) to prohibit the Data Controller or the Data Processor from carrying out
an act which causes damage to the data subject, or for the Data Controller to carry out any act
to cease the damage within the specified period of time;
In the event that the Data Controller or the Data Processor does not comply
with the orders provided under paragraph three (1) or (2), the provisions in connection with
administrative enforcement under the law on administrative procedure shall be applied mutatis
mutandis. In the event that the properties of the Data Controller or the Data Processor are to be
seized, attached, or sold by auction, as required by the law on administrative procedure, the
expert committee shall have the power to order such seizure, attachment, and sale by auction
for such purpose.
The issuance of the order under paragraph one, two, or three (1) or (2) shall
be in accordance with the criteria and methods under the Committee’s notification.
The orders of the expert committee shall be signed by the Chairperson of the
expert committee.
The order of the expert committee in this Section shall be final.
In order to proceed in accordance with this section, when the consideration
result is issued, the expert committee shall inform the complainant of such result together with
the reasons. In case that the complaint is not accepted for consideration or dismissed as such
complaint has already been under consideration of an official authority under other laws, the
expert committee shall inform the complainant of the same. If the complainant wishes to propose
such matter to the official authority under other laws, the expert committee shall proceed to do
so and shall be deemed that such official authority has received such complaint from the date
when the expert committee has received such complaint.
Section 75
The expert committee shall have the power to order any person
to submit documents or information in connection with the subject matter of a complaint, or
any other matter related to the protection of the Personal Data under this Act. The expert
committee shall also have the power to request any person to make a statement of facts.
28