Q2 - What rights do companies have during an investigation — can they contest evidence?
Answer
- Yes. Investigations must follow principles of natural justice:
- Companies have the right to be heard, present their side, and contest evidence before penalties are imposed.
- They can submit internal reports, forensic evidence, and explanations.
- If the Board issues an order, the company can appeal to the Appellate Tribunal under Rule 21.
Example
- If ABC Insurance Ltd. is accused of mishandling health data, it may submit logs showing it was actually the Data Processor’s fault.
- The Board must consider this evidence before penalizing ABC.