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25.   Power of Commissioner to issue enforcement notice

Revised Laws of Saint Lucia (2022)

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25.   Power of Commissioner to issue enforcement notice

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    (1)   If the Commissioner is of the opinion that a data controller has contravened or is contravening a provision of this Act, other than a provision the contravention of which is an offence, the Commissioner may, by an enforcement notice in writing served on the data controller, require the data controller to take such steps as are specified in the enforcement notice within such time, as is specified in the enforcement notice, to comply with the relevant provision.

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    (2)   Without prejudice to the generality of subsection (1), if the Commissioner is of the opinion that a data controller has contravened a Data Protection Principle, the Commissioner may issue an enforcement notice requiring the data controller to —

    1.  

      (a)     rectify or erase any of the data concerned; or

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      (b)     supplement the data with such statement relating to the matters dealt with by the data controller as the Commissioner may approve.

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    (3)   A data controller who, as required under subsection (2)(b), supplements data that is inaccurate or not kept up to date, is not deemed to be in contravention of the Data Protection Principles.

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