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Section 6: Confidentiality and oath

Data Protection Act · PART II: DATA PROTECTION OFFICE

repealed (no longer in force).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 The records juris holds show this law as repealed.

6. Confidentiality and oath (1) The Commissioner and every officer of the Office shall take the oath specified in the Second Schedule. (2) No person who is or has been the Commissioner or an authorised officer, except— (a) in accordance with this Act or any other enactment; (b) upon a Court order; or (c) as authorised by the order of a Judge, divulge any information obtained in the exercise of a power or in the performance of a duty under this Act. (3) Where the Commissioner or any authorised officer, otherwise than in the course of his duties, uses or records personal data or sensitive personal data, that comes to his knowledge or to which he has access by reason of his position as Commissioner or authorised officer, he shall commit an offence. (4) Any person who, without lawful excuse, contravenes subsection (2), 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. 6 amended by s. 2 (d) of Act 1 of 2009 w.e.f. 22 May 2009.] (S. 6 came into operation on 27 December 2004.) PART III – POWERS OF COMMISSIONER

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