Section 33 Penalties
33.(1) If the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 determines on conclusion of an inquiry that breach of the provisions of this Act or the rules made thereunder by a personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses is significant, it may, after giving the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses an opportunity of being heard, impose such monetary penalty specified in the Schedule.
(2) While determining the amount of monetary penalty to be imposed under sub-section (1), the BoardDefined in section 2(c): Board means the Data Protection Board of India established by the Central Government under section 18 shall have regard to the following matters, namely:-
(a) the nature, gravity and duration of the breach;
(b) the type and nature of the personal dataDefined in section 2(t): personal data means any data about an individual who is identifiable by or in relation to such data affected by the breach;
(c) repetitive nature of the breach;
(d) whether the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses, as a result of the breach, has realised a gainDefined in section 2(o): gain means (i) a gain in property or supply of services, whether temporary or permanent; or (ii) an opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration or avoided any lossDefined in section 2(p): loss means (i) a loss in property or interruption in supply of services, whether temporary or permanent; or (ii) a loss of opportunity to earn remuneration or greater remuneration or to gain a financial advantage otherwise than by way of legitimate remuneration;
(e) whether the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses took any action to mitigate the effects and consequences of the breach, and the timeliness and effectiveness of such action;
(f) whether the monetary penalty to be imposed is proportionate and effective, having regard to the need to secure observance of and deter breach of the provisions of this Act; and
(g) the likely impact of the imposition of the monetary penalty on the personDefined in section 2(s): person includes (i) an individual; (ii) a Hindu undivided family; (iii) a company; (iv) a firm; (v) an association of persons or a body of individuals, whether incorporated or not; (vi) the State; and (vii) every artificial juristic person, not falling within any of the preceding sub clauses.