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"id": 911455,
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"type": "speech",
"speaker_name": "Sen. Halake",
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"legal_name": "Abshiro Soka Halake",
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"content": "(a) by deleting sub-clause (4) and substituting therefor the following new sub-clause – (4) Despite the provisions of this Act, a person whose personal data is collected or processed contrary to this Act or who suffers loss as a result of disclosure of personal data may lodge a claim before a court for an appropriate remedy. (b) by inserting the following new sub-clause immediately after sub-clause (4) – (5) In determining a claim under sub section (4) a court shall consider – (a) the nature and the seriousness of the breach; (b) the categories of personal data affected; (c) any benefit gained or loss suffered as a result of the breach; (d) the number of previous violations; (e) the duration of time over which the breach occurred; (f) any action taken by the data controller or data processor to remedy or mitigate the breach; and (g) the nature and status of the data controller or data processor."
}