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As enacted
Contents

Part V · Data Protection Authority

35. Directives made by the Authority

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where on receipt of a complaint or otherwise, the Authority has reason to believe, that any controller or processor–

(a)

is engaged in, or is about to engage in any processing activity in contravention of this Act; or

(b)

has contravened or failed to comply with or is likely to contravene or, fails to comply with the provisions of this Act or any rule under paragraph (d), (e) or (f)

of section 52, any regulation, guideline or Order made under this Act or under any other written law relating to the processing of personal data, the Authority may, conduct an inquiry in accordance with the procedure as may be prescribed.

(2)

The Authority may, after giving an opportunity to the controller or processor to be heard at any inquiry under subsection (1), issue a directive to the controller or processor requiring such controller or processor within such time as may be prescribed–

(a)

to cease and refrain from engaging in, the act, omission or course of conduct related to processing;

or

(b)

to perform such acts as in the opinion of the

Authority are necessary to rectify the situation; or

(c)

to make a payment of such sum of money as compensation as determined by the Authority to an aggrieved person who has suffered harm, loss or damage as a result of any contravention by a controller or processor under subsection (1).

(3)

Every directive issued to such controller or processor under this section shall be in writing and be communicated to such controller or processor to whom it is directed by registered post, electronic communication or other similar means determined by the Authority, and such directive shall be binding on such controller or processor, who shall comply with such directive from the date of such communication.

Part VI

Director-General and the Staff of the Authority

Read on from Part VI

Part VII

Penalties

Read on from Part VII

Part VIII

Fund of the Authority

Read on from Part VIII

Part IX

Miscellaneous

Read on from Part IX

Part X

Interpretation

Read on from Part X

Schedules