Data Protection
[No. 3 of 2021 109
(a) approve the application on such terms and conditions as
it may determine; or
(b) reject the application in accordance with the provisions
of this Act.
36.
(1) Subject to the other provisions of this Act, the Data
Protection Commissioner may suspend or cancel a
licence if the holder:
(a) obtained the licence by fraud or submission of false
information or statements;
(b) contravenes this Act, any other written law relating to
the licence or any terms and conditions of the licence;
(c) fails to comply with a decision or guidelines issued by the
Data Protection Commissioner;
(d) enters into receivership or liquidation or takes any action
for voluntary winding up or dissolution;
(e) enters into any scheme of arrangement, other than for
the purpose of reconstruction or amalgamation, on terms
and within such period as may previously have been
approved in writing by the Data Protection
Commissioner;
(f) is the subject of any order that is made by a court or
tribunal for its compulsory winding up or dissolution;
(g) has ceased to fulfil the eligibility requirements under this
Act; or
(h) the suspension or cancellation is in the public interest.
(2) The Data Protection Commissioner shall before suspending
or cancelling the licence in accordance with this section, give
written notice to the holder thereof of its intention to suspend or
cancel the licence and shall—
(a) give the reasons for the intended suspension or
cancellation; and
(b) require the holder to show cause, within a period of not
more than thirty days, why the licence should not be
suspended or cancelled.
(3) The Data Protection Commissioner shall not suspend or
cancel a licence under this section if the licensee takes remedial
measures to the satisfaction of the Data Protection Commissioner
within the period referred to in subsection(2).
Suspension
and
cancellation
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