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NO. 26 OF 2012
- (e) the Commission is of the opinion that—
- (i) a complaint is frivolous or vexatious or is not made in good faith; or
- (ii) any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.
(4) An organisation shall retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Commission.
Offences and penalties
51.—(1) A person shall be guilty of an offence if he makes a request under section 21 or 22, as the case may be, to obtain access to or to change the personal data about another individual without the authority of that individual.
(2) Any person guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(3) An organisation or person commits an offence if the organisation or person—
- (a) with an intent to evade a request under section 21 or 22, disposes of, alters, falsifies, conceals or destroys, or directs another person to dispose of, alter, falsify, conceal or destroy, a record containing—
- (i) personal data; or
- (ii) information about the collection, use or disclosure of personal data;
- (b) obstructs or impedes the Commission or an authorised officer in the exercise of their powers or performance of their duties under this Act; or
- (c) knowingly or recklessly makes a false statement to the Commission, or knowingly misleads or attempts to mislead the Commission, in the course of the performance of the duties or powers of the Commission under this Act.
