No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
accepted f o r c o n s i d e r a t i o n under such rules, the expert committee shall not accept
such complaint for consideration.
If, after the expert committee’s consideration of the complaint pursuant to
Section 72 (1), or the investigation of any act pursuant to Section 72 (2), it is found that
such complaint or act has no ground, the expert committee shall issue an order to dismiss
such complaint or investigation.
If, after the expert committee’s consideration or investigation under paragraph
two, it is found that such complaint or act can be settled, and the concerned parties are
willing to settle the dispute, the expert committee shall proceed with the dispute settlement.
However, if such complaint or act cannot be settled, or the dispute settlement fails, the
expert committee shall have the power to issue the following orders:
(1) for the Data Controller or the Data Processor to perform, or rectify their
act within the specified period of time; or
(2) to prohibit the Data Controller or the Data Processor from carrying out
an act which causes damage to the Data subject, or for the Data Controller to carry out any act
to cease the damage within the specified period of time;
In the event that the Data Controller or the Data Processor does not comply
with the orders provided under paragraph three (1) or (2), the provisions in connection with
administrative enforcement under the law on administrative procedure shall be applied
mutatis mutandis. In the event that the properties of the Data Controller or the Data Processor are
to be seized, attached, or sold by auction, as required by the law on administrative
procedure, the expert committee shall have the power to order such seizure, attachment, and
sale by auction for such purpose.
The issuance of the order under paragraph one, two, or three (1) or (2)
shall be in accordance with the criteria and methods under the Committee’s notification.
The orders of the expert committee shall be signed by the Chairperson of
the expert committee.
The order of the expert committee in this Section shall be final.
In order to proceed in accordance with this Section, when the consideration
result is issued, the expert committee shall inform the complainant of such result together with
the reasons. In case that the complaint is not accepted for consideration or dismissed as such
complaint has already been under consideration of an official authority under other laws, the
expert committee shall inform the complainant of the same. If the complainant wishes to
propose such matter to the official authority under other laws, the expert committee shall
proceed to do so and shall be deemed that such official authority has received such complaint
from the date when the expert committee has received such complaint.
Section 75 The expert committee shall have the power to order any person to
submit documents or information in connection with the subject matter of a complaint, or
any other matter related to the protection of the Personal Data under this Act. The expert
committee shall also have the power to request any person to make a statement of facts.
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