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ODPC (Powers & duties of the ODPC (To conduct investigations, To issue…
ODPC
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Privacy Audit
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An ‘information notice’ issued by the Commissioner. Failure to comply without a reasonable excuse, as well as providing false or misleading information, are criminal offences.
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An ‘enforcement notice’ issued by the Commissioner. Failure to comply is an offence. It formally requires a Data Controller to take whatever steps are considered necessary to comply with the legislation.
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Penalties and sanctions
Forfeiture
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Any data material or data equipment connected with the commission of the offence may be forfeited/destroyed.
Civil Sanctions
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The damage may be to the data subject’s reputation, financial loss or mental distress.
The action based on negligence as the data controller/data processor owes a duty of care to data subjects.
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Criminal Sanctions
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Where committed by an electronic communications company relating to security obligations, punishable by:
Conviction of indictment, a natural person: a fine of up to €50.000
Conviction on indictment, a body corporate: a fine of up to €250.000
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Responsible for upholding the rights of individuals and enforcing obligations upon data controllers.
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Individuals can make complaints to the commissioner, who will investigate and take whatever steps they may deem necessary to resolve the issue.