10.1.3 Investigation
NITDA will investigate any complaint filed against a Data Controller or
Administrator when a preliminary review of the facts indicates a
possible violation of the provision(s) of the NDPR. NITDA may by its
officers or through a designated DPCO, investigate any complaint filed
by third parties and may also do so based on a special audit check or
“spot check”.
Investigation may include a review of the policies,
procedures, or practices of the concerned entity and of the
circumstances regarding any alleged violation. At the time of the initial
written communication with the concerned entity, NITDA will indicate
the basis of the audit.
10.1.4 Administrative Sanctions
Where NITDA has ascertained through the foregoing tools of
enforcement or by the Administrative Redress Panel established,
pursuant to Article 4.2 of the NDPR, that a party is in breach, NITDA
may issue an order for compliance with relevant provisions to curtail
further breach. NITDA, shall issue a monetary fine following an
administrative process that complies with principles of fair hearing and
judicial safeguards. A decision on the money value shall be based on
the following considerations:
a)
nature, gravity and severity of the breach;
b)
the number of data subjects affected;
c)
damage suffered by data subjects;
d)
opportunity for curtailment left unexplored and
e)
whether the breach is the first by the offending entity.
NITDA may also issue other administrative orders to include:
i.
Suspension of service pending further investigations;
22 | P a g e
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières