106 No. 3 of
2021]
Data Protection
(4) Where a certificate of registration is cancelled or
suspended, the Data Protection Commissioner shall prescribe
conditions with which the data collected from the data subjects will
be processed.
(5) A data controller or data processor who contravenes
subsection (4) commits an offence and is liable, on conviction, to a
fine not exceeding one million penalty units or to imprisonment for
a term of five years.
Reregistration
25. Where a certificate of registration is cancelled or suspended
under section 24, the holder of the certificate of registration may
apply to the Data Protection Commissioner for re-registration in a
prescribed form and manner on payment of a prescribed fee.
Surrender of
certificate of
registration
26. (1) Where a registered data controller or data processor
decides not to continue providing the services, the data controller
or data processor shall notify the Data Protection Commissioner in
writing.
(2) The Data Protection Commissioner shall prescribe terms
and conditions on which the certificate of registration shall be
surrendered.
(3) Where a certificate of registration is surrendered under sub
section (1), the certificate of registration shall lapse, and the data
controller or data processor shall cease to be entitled to any benefits
obtainable under the certificate of registration.
(4) A data controller or data processor who fails to adhere to
the terms and conditions of surrender in subsection (2) commits an
offence and is liable, on conviction, to a fine not exceeding one
million penalty units or to imprisonment for a term of ten years.
Exemption
from
registration
27. The Data Protection Commissioner may, by declaration,
exempt a person for a limited or unlimited period of time, from the
requirement to hold a certificate of registration to process personal
data.
Power to
forbear
28. (1) The Data Protection Commissioner may forbear from
applying to a data controller any provision of this Part, where the
Data Protection Commissioner considers that forbearance is
consistent with the objects of this Act.
(2) The Data Protection Commissioner shall, where it decides
to forbear from applying any provision, immediately, publish a notice
of forbearance in the Gazette, setting out the details of and the
reasons for, the decision.
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