(4)
In complying with an enforcement notice served under subsection
(1), a data controller or a data processor, as the case may be, shall as soon
as practicable and in any event not later than 21 days after such
compliance, notify (a)
the data subject concerned; and
(b)
where such compliance materially modifies the data concerned,
any person to whom the data was disclosed during the period
beginning 12 months before the date of the service of the
enforcement
notice
and
ending
immediately
before
such
compliance,
of any amendment.
(5)
Where the Commissioner considers that any provision of the enforcement
notice need not be complied with to ensure compliance with the data
protection principles to which the notice relates, he may vary the notice
and, where he does so, he shall notify in writing the person on whom the
notice was served.
(6)
Any person who, without reasonable excuse, fails or refuses to comply
with an enforcement notice shall commit an offence, and shall, on
conviction, be liable to fine not exceeding 50,000 rupees and to
imprisonment for a term not exceeding 2 years.
13.
Preservation Order
(1)
The Commissioner may apply to a Judge in Chambers for an order for the
expeditious preservation of data, including traffic data, where he has
reasonable grounds to believe that such data is vulnerable to loss or
modification.
(2)
Where the Judge in Chambers is satisfied that an order may be made
under subsection (1), he shall issue a preservation order specifying a
period which shall not be more than 90 days during which the order shall
remain in force.