Personal Data Protection Act GN. NO. 395B (Contd) a representative of a data subject where the data subject is a child or a person of unsound mind; (b) the data subject’s rights have been infringed by reason of the contravention; and (c) the damage relates to the processing of personal data in contravention of the provisions of this Act. (3) Where the Commission is satisfied on the application of a data subject(a) that he has suffered damage by reason of contravention of any of the requirements of this Act by a data controller or data processor in respect of any personal data, in circumstances entitling him to compensation under this section; and (b) that there is a substantial risk of further contravention in respect of the personal data in such circumstances, the Commission may order the rectification, blocking, erasure or destruction of any of the personal data. (4) The Commission may, where it makes an order under subsection (3), and where it considers it reasonable, order the data controller or data processor to notify third parties to whom the personal data have been disclosed of the rectification, blocking, erasure or destruction. (5) In determining whether it is reasonably practicable to require the notification in subsection (4), the Commission shall have regard, in particular, to the number of persons who need to be notified. Rectification, blocking, erasure and destruction of personal data 38.-(1) Where the Commission is satisfied on the application of a data subject that his personal data is inaccurate, the Commission may order the data controller or data processor to rectify, block, erase, or destroy the personal data. (2) Subsection (1) shall apply whether or not the 25

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