124 No. 3 of
2021]
Data Protection
(3) A court may, on conviction for an offence under this Act,
impose a prohibition to manage any processing of personal data,
directly or through an intermediary, for a period that the court
determines.
Offence by
principal
officer
shareholder
or partner of
body
corporate or
unincorporate
body
76. Where an offence under this Act is committed by a body
corporate or unincorporate body, with the knowledge, consent or
connivance of the director, manager, shareholder or partner, of that
body corporate or unincorporate body, that director, manager,
shareholder or partner of the body corporate or unincorporate body
commits an offence and is liable, on conviction, to the penalty
specified for that offence.
General
penalty
77. A person who commits an offence under this Act for which
a specified penalty is not provided, is liable, on conviction, to a fine
not exceeding three hundred thousand penalty units or to
imprisonment for a term not exceeding three years, or to both.
Code of
conduct
78. (1) The Data Protection Commissioner may prepare a
code of conduct for data controllers, data processors and data
auditors.
(2) A code of conduct under subsection (1) shall be binding on
data controllers and data processors and shall include—
(a) the provision of information to data subjects regarding
confidentiality;
(b) the advertising or representation of services;
(c) fair, accessible format and transparent processing of
personal data for all data subjects; and
(d) any other matter relating to the processing of personal
data under this Act.
(3) The Data Protection Commissioner shall publish the code
of conduct in a Gazette or website of general circulation in the
Republic for public information.
(4) A code of conduct published under subsection (3), shall
be effective from the date of its publication.
(5) A person who contravenes the code of conduct under
subsection (1) commits an offence and is liable, on conviction, to a
fine not exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
Guidelines
79. (1) The Data Protection Commissioner may issue
guidelines that are necessary for the better carrying out of the
provisions of this Act.
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