116 No. 3 of
2021]
Data Protection
(2) An agreement entered into under subsection (1) shall be
made available to the data subject.
(3) Joint data controllers shall be jointly and severally liable to
the data subject.
Offence by
data
controller
55. (1) A body corporate that contravenes the provisions of
this part commits an offence and is liable, on conviction, to two
percent of annual turnover of the preceding financial year or to
two million penalty units, whichever is higher.
(2) Where an offence under subsection (1) is committed by a
natural person, that person shall be liable, on conviction, to a fine
not exceeding one million penalty units or to imprisonment for a
term not exceeding ten years, or to both.
Personal data
in legal
proceedings
56. A person shall not process personal data in legal
proceedings, except—
(a) under the supervision of a public body discharging its duty
if the processing is necessary for those legal
proceedings;
(b) where the processing is necessitated by litigation; or
(c) by a legal practitioner to the extent that the processing is
necessary for the protection of the legal practitioner’s
clients’ interests.
Notification
57. A data controller or data processor shall notify the Data
Protection Commissioner of any third party agreement that allows
the third party to trade on the profile of a data subject.
PART IX
RIGHTS OF THE DATA SUBJECT
Right of
access and
notification
58. (1) A data subject has the right to obtain from the data
controller, confirmation as to whether or not personal data
concerning that data subject is being processed.
(2) A data subject may, where that data subject’s personal data
is being processed, access in a manner that the data subject
understands the following information:
(a) the purpose of the processing, the category of data the
processing relates to, and the categories of recipients
the data is disclosed to;
(b) envisaged period for which the personal data shall be
stored, where possible or if not possible, the criteria
used to determine that period;
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