(3)
63.
64.
The Authority may, on a representation made to it or on its own motion, modify, suspend,
withdraw or cancel any direction issued under sub-section (1) and in doing so, may
impose such conditions as it thinks fit, subject to which the modification, suspension,
withdrawal or cancellation shall have effect.
Power of Authority to call for information.—
(1)
Without prejudice to the other provisions of this Act, the Authority may require a data
fiduciaryor data processor to provide such information as may be reasonably required by
it for discharging its functions under this Act.
(2)
If the Authority requires a data fiduciary or a data processor to provide information as per
sub-section (1), it must provide a written notice to the data fiduciaryor the data processor
stating the reasons for such requisition.
(3)
The Authority shall specify the manner in which the data fiduciaryor data processor shall
provide the information sought in sub-section (1), including the designation of the officer
or employee of the Authority who may seek such information, time frame within which
such information is required to be furnished and the form in which such information may
be provided.
Power of Authority to conduct inquiry. —
(1)
The Authority may conduct an inquiry where it has reasonable grounds to believe that—
(a)
(b)
the activities of the data fiduciaryor data processor being conducted in a manner
which is detrimental to the interest of data principals; or
anydata fiduciaryor data processor has violated any of the provisions of this Act or
the rules prescribed, or the regulations specified, or directions issued by the
Authority thereunder.
(2)
For the purpose of sub-section (1), the Authority shall, by an order in writing, appoint one
of its officers as an Inquiry Officer to inquire into the affairs of such data fiduciaryor data
processor and to report to the Authority on any inquiry made.
(3)
An Inquiry Officer, may wherever necessary, appoint any other person for the purpose of
assisting in any inquiry under this section.
(4)
The order referred to in sub-section (2) shall also set out the reasons for commencing the
inquiry and the scope of the inquiry and may be modified from time to time.
(5)
Every officer, employee or other person acting under the direct authority of the data
fiduciary or the data processor, or a service provider, or a contractor, where services are
being obtained by or provided to the data fiduciary or data processor, as the case may be,
37
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