36
Personal Data Protection Act, No. 9 of 2022
PART VII
PENALTIES
Imposition of
penalties
38. (1) Where a controller or processor fails to comply
with a directive issued under the provisions of section 35,
the Authority shall after taking into consideration the impact
on data subjects, the nature and extent of relevant noncompliances and the matters referred to in section 39 of this
Act, by notice require such controller or processor to pay a
penalty, which shall not exceed a sum of rupees ten million
for each non-compliance.
(2) Where a controller or processor has been subjected to
a penalty on a previous occasion, subsequently fails to
conform to a directive on any further occasion such person
shall in addition to the penalty which may be imposed on
him under subsection (1) be liable to the payment of an
additional penalty consisting of twice the amount imposed
as a penalty on the second and for each subsequent noncompliance.
(3) The Authority shall be responsible for the collection
of a penalty imposed under this section and the money so
collected shall be credited to the Consolidated Fund after
deducting such sum of money collected as compensation if
any payable to the aggrieved person affected by reason of
the non-compliance of the provisions of paragraph (c) of
subsection (2) of section 35.
(4) If a controller or processor becomes liable to a penalty
in terms of subsection (1) or (2) fails to pay such penalty,
within such period as may be specified in such notice, the
Authority may make an exparte application to the Magistrate
Court of Colombo for an order requiring the payment of the
penalty recovered in a like manner as a fine imposed by
such court notwithstanding such sum may exceed the amount
of fine which that court may, in the exercise of its ordinary
jurisdiction impose.
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