Data Protection
[No. 3 of 2021 125
(2) The Data Protection Commissioner shall publish all the
guidelines issued under this Act in a daily newspaper of general
circulation, and the guidelines shall not take effect until they are so
published.
(3) The guidelines issued under subsection (1) shall be binding
on all persons regulated under this Act.
(4) A person who contravenes the guidelines 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.
80. (1) The Data Protection Commissioner shall keep and
maintain a Register in which the Data Protection Commissioner
shall keep information that it may determine.
Register
(2) The Register under subsection (1), shall be kept at a place
that the Data Protection Commissioner may determine, and shall
be open to inspection by the public during normal working hours on
payment of a prescribed fee.
81. (1) The Data Protection Commissioner or an independent
data auditor licensed by the Data Protection Commissioner under
this Act shall, unless otherwise provided under this Act, audit the
policies of a data controller and the conduct of processing of personal
data annually.
Auditing of
data
controller
(2) Where a data controller has been authorised to store data
on a server or data centre located outside the Republic, the cost of
auditing the server or data controller shall be borne by the data
controller.
82. (1) The Minister may, by statutory instrument make
regulations for the better carrying out of the provisions of this Act.
(2) Without limiting the generality of subsection (1), the
regulations may make provision for—
(a) limitation of obligations and rights where that limitation is
necessary to preserve
(i) state security;
(ii) defence;
(iii) public safety including the economic wellbeing or
interest of the State when the processing
operation relates to State security matters; and
(iv) the prevention, investigation, and proof of criminal
offence;
Regulations
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