Section 44: Inaccurate personal data
repealed (no longer in force). juris shows the text as it was consolidated; it does not confirm that this is the law in force today. The records juris holds show this law as repealed.
44. Inaccurate personal data
(1) A data controller shall, upon being informed as to the inaccuracy of
personal data, by a data subject to whom such data pertains, cause such
data to be rectified, blocked, erased or destroyed, as appropriate.
(2) Where a data controller is aware that a third party holds inaccurate
personal data, he shall, as soon as reasonably practicable, require the third
party to rectify, block, erase or destroy the data, as appropriate.
(3) Where the third party specified in subsection (2) fails to comply with
the requirement under that subsection, he shall commit an offence.
(4) Where a data controller fails to rectify, block, erase or destroy inaccurate personal data, a data subject may apply to the Commissioner to have
such data rectified, blocked, erased or destroyed, as appropriate.
(5) Upon being satisfied by an application under subsection (4) that the
personal data is incorrect, the Commissioner shall, where he is satisfied,
direct the data controller to rectify, block, erase or destroy those data and
any other personal data in respect of which he is the data controller.
(6) Where the Commissioner—
(a) issues a direction under subsection (5); or
(b) is satisfied on the application by an individual that personal data
of which the individual is the data subject were inaccurate and
have been rectified, blocked, erased or destroyed,
he may direct the data controller to notify third parties to whom the data
have been disclosed, of the rectification, blocking, erasure or destruction.
(S. 44 came into operation on 16 February 2009.)
PART VII – EXEMPTIONS