Financial Penalty

Section 25(1)

(1) If the Board determines on conclusion of an inquiry that non-compliance by a person is significant, it may, after giving the person a reasonable opportunity of being heard, impose such financial penalty as specified in Schedule 1, not exceeding rupees five hundred crore in each instance.

Section 25(2)

(2) While determining the amount of a financial penalty to be imposed under sub-section (1), the Board shall have regard to the following matters:

(a) the nature, gravity and duration of the non-compliance;

(b) the type and nature of the personal data affected by the non-compliance;

(c) repetitive nature of the non-compliance;

(d) whether the person, as a result of the non-compliance, has realized a gain or avoided any loss;

(e) whether the person took any action to mitigate the effects and consequences of the non-compliance, and the timeliness and effectiveness of that action;

(f) whether the financial penalty to be imposed is proportionate and effective, having regard to achieving compliance and deterring non-compliance with the provisions of this Act; and

(g) the likely impact of the imposition of the financial penalty on the person.