Module 5 · Self-test

Enforcement

8 questions. Pick one answer for each, then mark yourself. Nothing leaves your browser.

1. Under Section 33(1), when may the Board impose a monetary penalty?As soon as a complaint is received, to secure compliance while it inquiresWhen, on conclusion of an inquiry, it determines that the breach is significant, after giving the person an opportunity of being heardAutomatically, whenever a Data Fiduciary reports a personal data breachWhenever the affected Data Principal asks for one

2. In the Schedule to the Act, the penalty for failing to take reasonable security safeguards to prevent a personal data breach may extend to...Fifty crore rupeesOne hundred and fifty crore rupeesTwo hundred and fifty crore rupeesTwo hundred crore rupees

3. The Schedule to the Act sets one row for Data Principals who breach their own duties. That penalty may extend to...Fifty crore rupeesOne lakh rupeesTen lakh rupeesTen thousand rupees

4. Under Section 29(2), an appeal against a Board order must be filed within...Sixty days from the date of receipt of the order or directionForty-five days from the date of the orderThirty days from the date of the orderSix months from the date of the order

5. Where does the money from a penalty imposed by the Board go?To the affected Data Principal, as compensationTo the Consolidated Fund of IndiaTo the Board, to fund its own operationsHalf to the Board and half to the affected Data Principals

6. Rule 19(9) requires the Board to complete an inquiry within...Thirty days from receipt of the complaintNinety days from receipt of the complaint, with no extensionSix months from receipt of the intimation, complaint, reference or direction, extendable for reasons recorded in writing by not more than three months at a timeNo fixed period; the Board sets its own timetable in each case

7. What is the effect of the Board accepting a voluntary undertaking under Section 32?It ends all liability of the person for every past breachIt has no legal effect until confirmed by the Appellate TribunalIt counts as an admission and doubles any later penaltyIt bars proceedings under the Act as regards the contents of the undertaking, unless a term of the undertaking is later breached

8. Under Section 37, what must happen before the Central Government can direct that access to a Data Fiduciary's platform be blocked?The Board must refer the matter, intimating penalties imposed on that Data Fiduciary in two or more instances and advising blocking in the public interest, and the Data Fiduciary must be given a hearingA single penalty of any amount must have been imposed on the Data FiduciaryA Data Principal must petition the Central Government directlyThe Appellate Tribunal must first uphold the penalty