may also enter into a memorandum of understanding with such other regulator or authority governing the
coordination of such actions.
68.
Appointment of Adjudicating Officer.—
(1)
Without prejudice to any other provision of this Act and for the purpose of imposing of
penalties under section69to section 73or awarding compensation under section 75, the
Authority shall have a separate adjudication wing.
(2)
The Central Government shall,having regard to the need to ensure the operational
segregation, independence, and neutrality of the adjudication wing,prescribe—
(a)
(b)
(c)
(d)
(e)
(f)
(3)
number of Adjudicating Officers;
qualification of Adjudicating Officers;
manner and terms of appointment of Adjudicating Officers ensuring independence
of such officers;
jurisdiction of Adjudicating Officers;
procedure for carrying out an adjudication under this Act; and
other such requirements as the Central Government may deem fit.
The Adjudicating Officers shall be persons of ability, integrity and standing, and must
have specialised knowledge of, and not less than seven years professional experience in
the fields of constitutional law, cyber and internet laws, information technology law and
policy, data protection and related subjects.
CHAPTER XI
PENALTIES AND REMEDIES
69.
Penalties.—
(1)
Where thedata fiduciary contravenes any of the following provisions, it shall be liable to a
penalty which may extend up to five crore rupeesor two per cent of its total worldwide
turnover of the preceding financial year, whichever is higher, as applicable—
(a)
(b)
(c)
(d)
(e)
obligation to take prompt and appropriate action in response to a data security
breach under section 32 of this Act;
obligation to undertake a data protection impact assessment by a significant data
fiduciary under section 33 of this Act;
obligation to conduct a data audit by a significant data fiduciary under section 35 of
this Act;
appointment of a data protection officer by a significantdata fiduciaryundersection
36 of this Act;
failure to register with the Authority under sub-section (2) of section 38.
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