Section 38
Procedure for giving of directions and imposing of financial penalty
of Personal Data Protection Order, 2025
( 1) Before giving any direction under section 36 or imposing a financial penalty under section 37(1), the Authority shall give notice in writing to the organisation concerned -
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(a} stating that the Authority intends to take action against the organisation under section 36 or 37(1);
(b)
where the Authority intends to give any direction under section 36, specifying the direction the Authority proposes to give;
(c)
specifying each instance of non-compliance that is the subject of the proposed action, or the reason or reasons for the proposed action; and
(d)
subject to subsections (2) and (3), specifying the time within which written representations may be made to the Authority with respect to the proposed action.
(2)
Where the Authority intends to impose a financial penalty under section 37( 1) on an organisation, the time specified in the notice within which written representations may be made to the Authority shall be at least 14 days after the date the notice is served on that organisation.
(3)
The Authority may, on written application by the organisation concerned (whether before, on or after the expiry of the time specified in the notice), extend the time for the organisation to make written representations to the Authority if the Authority is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.
(4)
The Authority may decide to give the direction under section 36 or impose the financial penalty under section 37(1) -
(a} after considering any written representation made to the Authority pursuant to the notice mentioned in subsection (1); or
(b)
on the expiry of the time specified in the notice under subsection (1)(d}, or as extended by the Authority under subsection (3), where no representation is so made or any written representation made is subsequently withdrawn.
(5)
Subsection (1) does not apply where the organisation has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.
(6)
Where the Authority decides to give the direction under section 36 or impose the financial penalty under section 37(1), the Authority shall serve a notice of the decision on the following persons -
(a} the organisation concerned;
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{b) the complainant whose complaint against the organisation concerned resulted in the giving of the direction or the imposition of the financial penalty, if any.
(7)
A direction given under section 36 or the imposition of a financial penalty under section 37( 1) takes effect only when the Authority serves the notice in subsection (6){a} on the organisation concerned.
(8)
Where the Authority imposes a financial penalty under section 37(1)
on an organisation, the notice in writing issued by the Authority to the organisation shall specify the date before which the financial penalty is to be paid, being a date not earlier than 28 days after the notice is issued.
(9)
The Authority may, on written application by an organisation on whom a financial penalty under section 37(1) is imposed-fa} extend the time for the organisation to pay the financial penalty; or
{b) allow the financial penalty to be paid by instalments.
( 10) The interest payable -
fa} on the outstanding amount of any financial penalty imposed under section 37(1); and
{b) for payment by instalments, as the Authority may allow, of any financial penalty imposed under section 37(1), shall be at such rate as the Authority may direct, which shall not exceed the rate prescribed in the Rules of Court made under the Supreme Court Act (Chapter 5)
in respect of judgment debts.