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      Section 54 Indian Data Protection Act 2019

      • Categories Blog, Business, Free Data Protection Resources, Uncategorized
      • Date September 4, 2020

      Action to be taken by Authority pursuant to an inquiry

      54. (1) On receipt of a report under sub-section (2) of section 53, the Authority may, after giving such opportunity to the data fiduciary or data processor to make a representation in connection with the report as the Authority deems reasonable, by an order in writing

      (a) issue a warning to the data fiduciary or data processor where the business or activity is likely to violate the provisions of this Act;

      (b) issue a reprimand to the data fiduciary or data processor where the business or activity has violated the provisions of this Act;

      (c) require the data fiduciary or data processor to cease and desist from committing or causing any violation of the provisions of this Act;

      (d) require the data fiduciary or data processor to modify its business or activity to bring it in compliance with the provisions of this Act;

      (e) temporarily suspend or discontinue business or activity of the data fiduciary or data processor which is in contravention of the provisions of this Act;

      (f) vary, suspend or cancel any registration granted by the Authority in case of a significant data fiduciary;

      (g) suspend or discontinue any cross-border flow of personal data; or

      (h) require the data fiduciary or data processor to take any such action in respect of any matter arising out of the report as the Authority may deems fit. (2) A data fiduciary or data processor aggrieved by an order made under this section may prefer an appeal to the Appellate Tribunal.

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