fine of eighty to two hundred days, if the maximum penalty is applied to him
corresponding to the gravity of his crime should he not be dismissed from his
position or function.
2. The penalty shall be increased by half if the agent:
a) is a civil servant or equivalent, according to penal law;
b) acts with the intention of obtaining a material advantage or other unlawful
gain;
c) adversely affects the reputation, honour and esteem or the privacy of another
person.
3. A person guilty of negligence shall be liable to up to six months imprisonment
or a fine of up to 120 days.
4. Other than the cases provided in 2, criminal proceedings are dependent on a
complaint.
Article 45
(Punishment of attempt)
Any attempt to commit the crimes provided for in the above provisions shall always be
liable to punishment.
Article 46
(Additional penalties)
1. The following may be ordered in addition to the fines and penalties applied:
a) temporary or permanent prohibition of processing, blocking, erasure or total
or partial destruction of data;
b) publication of the judgement;
c) public warning or censure of the controller of the processing.
2. The judgement shall be published at the expense of the person judged in the
periodical with the largest circulation published in the area of the district where
the infringement was committed, or in a periodical in the nearest district, and by
means of affixing a notice for a period of no less than 30 days.
3. Publication shall be done by means of a summary containing information on the
offense and the penalties applied and the identification of the agent.
CHAPTER VII
Final Provisions
Article 47
(Existing manual filing system)
1. The processing of data held in manual filing systems on the date of the entry into
force of this Law shall be brought into conformity with Articles 8, 9, 11 and 12
within six months.
2. At his request the data subject may in any event, in particular when exercising the
right of access, obtain the rectification, erasure or blocking of incomplete or
inaccurate data or data kept in a manner incompatible with the legitimate purposes
of the controller.