Data Protection
[No. 3 of 2021 123
contracts or schemes effectively protect the rights of data subjects
under this Act, including in relation with further transfers from the
transferees of personal data under this subsection to any other
person or entity.
(6) Where a data controller seeks to transfer personal data
subject to a standard contract or intragroup scheme under
subsection (1)(a), it shall certify and periodically report to the Data
Protection Commissioner as may be specified, that the transfer is
made under a contract that adheres to these standard contractual
clauses or intragroup schemes and that it shall bear any liability for
the harm caused due to any noncompliance with the standard
contractual clauses or intragroup schemes by the transferee.
PART XI
GENERAL PROVISIONS
72. A data subject who has suffered damage as a result of an
infringement of that data subject’s right under this Act, may receive
compensation from the data controller or data processor as
determined by a court of competent jurisdiction for the damage
suffered.
73. (1) Subject to the other provisions of this Act, a person
commits an offence if that person unlawfully discloses sensitive
personal data to another person.
Right to
compensation
Offences
(2) A person convicted of an offence under subsection (1) is
liable, on conviction, to a fine not exceeding two hundred thousand
penalty units, or to imprisonment to a term not exceeding two years,
or to both.
74. Where the Data Protection Commissioner is satisfied, after
an investigation, or where a person admits that the person has
committed an offence under this Act, the Data Protection
Commissioner may, compound the offence by collecting from that
person a sum of money that the Data Protection Commissioner
considers appropriate, but not exceeding fifty percent of the
maximum amount of the fine to which that person would have
been liable on conviction.
Power of
Data
Protection
Commissioner
to compound
certain
offences
75. (1) Where there has been a conviction for any of the
offences under this Act, the court may pronounce the forfeiture of
the medium containing the personal data to which the offence relates
or make any other order as it deems fit.
Forfeiture
(2) A court may order forfeiture or deletion where the medium
containing the personal data does not belong to the person convicted.
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