12
Access to the
Authority
(1) Any person proving his/her identity has the right to address
the Authority, free of charge, by himself/herself or by his/her
lawyer or any other individual or legal person duly appointed.
13
Penalties
(1) The Authority may impose the following:
(a) a warning to a data controller failing to comply with the
obligations of this Act.
Such warning shall be regarded as a sanction.
or
(b) a formal notice to comply to a data controller to cease the
non-compliance within a given deadline. In case of urgency,
this deadline may be limited to five days.
(2) Should the controller fail to comply with the notice served, the
Authority may pronounce the following sanctions, after due
hearing of the parties:
(a) Limitation or ceasing of the processing or suspension of
authorization(s) issued, for a prescribed and/or
(b) A Financial penalty as provided for in section 40. of an
amount not exceeding five thousand dollars (…);
(3) In case of serious and immediate violation of the individual
rights and liberties, the Authority may rule, in summary
proceedings:
(a) the limitation or ceasing of the personal data processing to
the extent it relates to the violation;
or
(b) the temporary or definitive access to certain personal data
processed;
or
(c) the temporary or definitive processing as not compliant with
the provisions of this Act.
(4) The sanctions and decisions taken by the Authority may be
subject to appeal as provided for in section 39. through the
judicial authorities.
14
Financial
Provisions
(1) The funds of the Authority shall consist of:
a) such moneys as may be payable to the Authority from
moneys appropriated for the purpose by Act of Parliament; and
b) such other moneys as may vest in or accrue to the Authority,
whether in the course of its operations or otherwise.
Draft Data Protection Bill Version 1.0
19