The Data Protection Bill, 2012
Settlement of
complaints.
24. Where it appears from a complaint, or any written response
made in relation to a complaint under section 23, that it may be
possible to secure a settlement between any of the parties concerned
and, if appropriate, a satisfactory assurance against the repetition of
any action that is the subject-matter of the complaint or the doing of
further actions of a similar kind by the person concerned, the
Commission may, without investigating the complaint or, as the
case may be, investigating the complaint further, to secure such a
settlement and assurance.
PART V – POWERS AND REMEDIES
Powers and remedies
of the Commission on
the complaint.
25. (1) If in any proceedings under section 23 or section 24, the
Commission is satisfied on a balance of probabilities that any action
of the defendant is an interference with the data protection under
this Act, it may grant one or more of the following remedies- —
(a) a declaration that the action of the defendant is an
interference with the data protection in relation to the
individual;
(b) an order restraining the defendant from continuing or
repeating the interference, or from engaging in, or causing
or permitting others to engage in, conduct of the same kind
as that constituting the interference, or conduct of any
similar kind specified in the order;
(c) an order that the defendant perform any acts specified in the
order with a view to remedying the interference; or
(d) such other relief as the Commission thinks fit.
(2) In any proceedings under section 23 or 24, the Commission may
award such costs against the defendant as the Commission thinks
fit, whether or not the Commission makes any other order, or may
award costs against the plaintiff, or may decline to award costs
against either party.
(3) It shall not be a defence to proceedings under section 23 or 24
that the interference was unintentional or without negligence on the
part of the defendant, but the Commission shall take the conduct of
the defendant into account in deciding what remedy to grant.
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