s.55Power of the Commissioner to impose monetary penalty
55
Section 55Part 6 — ENFORCEMENT

Power of the Commissioner to impose monetary penalty

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The Commissioner may serve a data controller with a monetary penalty order if the Commissioner is satisfied on a balance of probabilities that —
there has been a serious contravention of this Law by the data controller; and
the contravention was of a kind likely to cause substantial damage or substantial distress to the data subject.
A monetary penalty order is an order requiring the data controller to pay a monetary penalty of an amount determined by the Commissioner and specified in the order.
The amount of the monetary penalty determined by the Commissioner shall not exceed two hundred and fifty thousand dollars.
The monetary penalty order shall be paid into the general revenues of the Islands within the period specified in the order.
The Commissioner, before serving a monetary penalty order, shall serve the data controller with a notice of intent that the Commissioner proposes to serve a monetary penalty order.
A notice of intent shall state that the data controller may make written representations in relation to the Commissioner’s proposal within a period of twenty-one days and such other information as may be prescribed.
The Commissioner may not serve a monetary penalty order until the period specified in subsection (6) has expired.

Referenced By