(5)
(a) Upon conviction by a Court of competent jurisdiction for any
of the offences described in this article, the judge can the
Court may order pronounce the seizure of the media
containing the personal data to which the offence relates,
such as manual filing systems, magnetic discs or magnetic
tapes, except for computers or any other equipment, or he
can order the deletion of the data.
(b) Seizure or deletion may can also be ordered where even if
the media containing the personal data does not belong to
the person convicted.
(c) The objects seized shall be destroyed when the judgment
has become final.
(6) The present article is not an impeachment to any measure of
leniency set by law as the suspension or the suspended
sentence except for the sentences set in Paragraphs (4) and (5)
above.
(7) Without prejudice to the revocation of competences laid
down in particular provisions, the Court can, upon conviction for
an offence mentioned in this article, impose a prohibition to
manage any processing of personal data, directly or through an
intermediary, for a maximum of three (3) years.
(9) The controller or his representative shall be liable for the
payment of the fines incurred by his agent or assignee
Draft Data Protection Bill Version 1.0
50
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