Restriction on enforcement in case of processing for special purposes
79. (1) The Commission shall not serve an enforcement notice on a
data controller in relation to the processing of personal data under section 78
(1) (a) unless a determination has been made by the Commission.
(2) The Commission shall not serve an information notice on a data
controller in relation to the processing of personal data under section
78 (1) (b) unless a determination has been made by the Commission.
Failure to comply with notice
80. (1) A person who fails to comply with an enforcement notice or an
information notice commits an offence and is liable on summary conviction to
a fine of not more than one hundred and fifty penalty units or to a
term of imprisonment of not more than one year or to both.
(2) A person who, in compliance with an information notice,
(a) makes a statement which that person knows to be false in
a material respect, or
(b) recklessly makes a statement which is false in a material
respect
commits an offence and is liable on summary conviction to a fine of not
more than one hundred and fifty penalty units or to a term of imprisonment
of not more than one year or to both.
(3) It is a defence for a person charged with an offence under sub- section
(1) to prove that, that person exercised due diligence to comply with the notice
in question.
Authorised officers
81. (1) The Board may in writing authorise an officer to perform the
functions determined by the Board for the purpose of enforcing the provisions
of this Act and the Regulations.
(2) Without limiting subsection (1), an officer authorised by the
Commission may at any reasonable time, enter to inspect and search any
premises to ensure compliance with this Act.
Records obtained under data subject’s rights of access
Conditional request for personal data prohibited
82. (1) A person who provides goods, facilities or services to the public
shall not require a person to supply or produce a particular record as a
condition for the provision of the goods, facilities or services to that person.
(2) Subsection (1) does not apply where the imposition of the
requirement is required or authorised under an enactment, rule of law or in the
public interest.
(3) A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine of not more than two hundred and fifty
penalty units or to a term of imprisonment of not more than two years or to both.
Demand for health records
83. A person shall not be required to provide records which
(a) consist of information related to the physical, mental health
or mental condition of an individual, or