Personal Data Protection and Safeguarding Draft Act June 2019 Article 67. Any of the functions of processing for which other law stipulates criminal charge and punishment will be treated according to those laws. Article 68. Those who have committed the following will be punished accordingly: a) Violating the right of consent of persons who are subject of data, if the data of non-public situations and states is processed, will bring out fifth degree punishment and if data of public situations and states are processed, sixth degree punishment; b) Preventing fulfillment of all or part of the right to request from the person who is subject of data about processing or its cessation or self-processing or violation of right to anonymity — One or both counts of sixth degree punishment; Violation of commitments to credibility, trustability or referability of processing personal data — One or both counts of fifth degree punishment; Illicit use of the laws stipulated in this law by the person who is subject of data, based on the amount of damages incurred — One or both counts of sixth degree punishment; Illicit control by the relevant authority in the government will lead not only to the stipulated punishment for the said crime but six to three years of ban from government service; Not implementing or incorrect implementation so that all or some of the regulations of this act or orders of the commission or the supervisory board or special supervisor is not followed (like by not keeping all or part of data) — One or both counts of fifth degree punishment. c) d) e) f) Note 1. The court can urge the violator to pass special classes on safeguarding personal data and receive relevant licenses, as stipulated by the manual passed by the commission. Note 2. If the corporations who are subject of the Article 747 of the Islamic Penal Code commit the crimes outlined in Articles 69, 70 and 71 of this act, they will be punished according to the Article 748 of this act. Subsection 2: Aggravation of punishment Article 69. If one or more of the conditions below are met, the punishment will be increased with one or two degrees: a) If the crime has been committed in association with one’s job or career; b) If in relation to the scope of one’s activity, large number of individuals have been targeted; c) Financial cost or spiritual damage is considerable or unrepairable; d) Vital or sensitive personal data are tools or results of crime; and ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 55 of 58