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(1) The Board shall exercise and perform the following
powers and functions, namely:---
(a) on receipt of an intimation of personal data breach under sub-section (6) of section 8, to direct
any urgent remedial or mitigation measures in the event of a personal data breach, and to inquire
into such personal data breach and impose penalty as provided in this Act;
(b) on a complaint made by a Data Principal in respect of a personal data breach or a breach in
observance by a Data Fiduciary of its obligations in relation to her personal data or the exercise of
her rights under the provisions of this Act, or on a reference made to it by the Central Government
or a State Government, or in compliance of the directions of any court, to inquire into such breach
and impose penalty as provided in this Act;
(c) on a complaint made by a Data Principal in respect of a breach in observance by a Consent
Manager of its obligations in relation to her personal data, to inquire into such breach and impose
penalty as provided in this Act;
(d) on receipt of an intimation of breach of any condition of registration of a Consent Manager,
to inquire into such breach and impose penalty as provided in this Act; and
(e) on a reference made by the Central Government in respect of the breach in observance of the
provisions of sub-section (2) of section 37 by an intermediary, to inquire into such breach and impose
penalty as provided in this Act.
(2) The Board may, for the effective discharge of its functions under the provisions of this Act, after
giving the person concerned an opportunity of being heard and after recording reasons in writing, issue
such directions as it may consider necessary to such person, who shall be bound to comply with the
same.
(3) The Board may, on a representation made to it by a person affected by a direction issued under
sub-section (1) or sub-section (2), or on a reference made by the Central Government, modify, suspend,
withdraw or cancel such direction and, while doing so, impose such conditions as it may deem fit,
subject to which the modification, suspension, withdrawal or cancellation shall have effect.
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