Personal Data Protection Act GN. NO. 395B (Contd) of using or processing his personal data for pecuniary benefits. (3) In this section “direct marketing” includes the communication by whatever means of any advertising or marketing material which is directed at an individual. Rights in relation to automated decision making 36.-(1) A data subject may, through the procedures prescribed in the regulations, require the data controller to ensure that any decision taken by or on behalf of the data controller which significantly affects data subject shall not base solely on the processing by automatic means. (2) Without prejudice to subsection (1), where a decision which significantly affects a data subject is based solely on automated processing(a) the data controller shall, as soon as practicable, notify the data subject that the decision was taken on that basis; and (b) the data subject may require the data controller to reconsider the decision. (3) This section shall not apply if the decision is(a) necessary for entering into, or performance of, a contract between the data subject and a data controller; (b) authorised by any written law; or (c) based on the data subject’s explicit consent. Right to compensation 37.-(1) A data subject who suffers damage by reason of any contravention of any of the requirements of this Act by a data controller or data processor shall be entitled to compensation from the data controller or data processor for that damage. (2) The data subject whose rights have been infringed by reason of any contravention of any of the requirements of this Act shall be entitled to compensation from the data controller or data processor, if(a) the complainant is the affected data subject or 24