Section 12: Enforcement of notice

12. Enforcement of notice (1) Where the Commissioner is of opinion that a data controller or a data processor has contravened, is contravening or is about to contravene this Act, the Commissioner may serve an enforcement notice on the data controller or the data processor, as the case may be, requiring him to take such steps within such time as may be specified in the notice. (2) Notwithstanding subsection (1), where the Commissioner is of the opinion that a person has committed an offence under this Act, he may investigate the matter or cause it to be investigated by an authorised officer. (3) An enforcement notice shall— (a) specify the provision of this Act which has been, is being or is likely to be contravened; (b) specify the measures that shall be taken to remedy or eliminate the matter, as the case may be, which makes it likely that a contravention will arise; (c) specify a time limit which shall not be less than 21 days within which those measures shall be implemented; and (d) state the right of appeal conferred under section 58. (4) In complying with an enforcement notice served under subsection (1), a data controller or a data processor, as the case may be, shall, as soon as practicable and in any event not later than 21 days after such compliance, notify— (a) the data subject concerned; and (b) where such compliance materially modifies the data concerned, any person to whom the data was disclosed during the period beginning 12 months before the date of the service of the enforcement notice and ending immediately before such compliance, of any amendment. [Issue 5] D3 – 10 Revised Laws of Mauritius (5) Where the Commissioner considers that any provision of the enforcement notice need not be complied with to ensure compliance with the Data Protection Principles to which the notice relates, he may vary the notice and, where he does so, he shall notify in writing the person on whom the notice was served. (6) Any person who, without reasonable excuse, fails or refuses to comply with an enforcement notice shall commit an offence, and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. (S. 12 came into operation on 16 February 2009.)