incompatible with the legitimate purposes pursued by the data
controller.
(2) A notice under subsection (1) shall state the reasons for believing that
the data
(a) is inaccurate or incomplete, or
(b) is held in a manner which is incompatible with the legitimate
purposes pursued by that data controller.
(3) Where the Commission is satisfied on a complaint by a person who
has given notice that the data controller has failed to comply with the notice,
the Commission shall give appropriate direction to the data controller to comply
with the notice.
(4) For the purposes of this section, personal data is incomplete if the data
is of the kind that its incompleteness would constitute a contra- vention of data
protection principles provided in this Act.
Compensation for failure to comply
43. (1) Where an individual suffers damage or distress through the
contravention by a data controller of the requirements of this Act, that
individual is entitled to compensation from the data controller for the damage
or distress.
(2) In proceedings against a person under this section, it is a de- fence to
prove that the person took reasonable care in all the circumstances to comply with
the requirements of this Act.
Rectification, blocking, erasure and destruction of personal data
44. (1) Where the Commission is satisfied on a complaint of a data subject
that personal data on that data subject is inaccurate, the Commission may order
the data controller to
(a) rectify,
(b) block,
(c) erase, or
(d) destroy the data.
(2) Subsection (1) applies whether or not the data is an accurate record of
information received or obtained by the data controller from the data subject or
a third party.
(3) Where the data is an accurate record of the information, the
Commission may make an order requiring the data controller to supplement the
statement of the true facts which the Commission considers appropriate.
(4) Where the data complained of has been rectified, blocked