Personal Data Protection Order, 2025 · As enacted · Part · Investigation and Offences
44. Power to require documents or information
Official textFrom Attorney General's Chambers, unchanged
For the purposes of an investigation under section 43, the Authority or any authorised officer may, by notice in writing to any organisation, require the organisation to produce to the Authority or the authorised officer a specified document or specified information, which the Authority or authorised officer considers relates to any matter relevant to such investigation.
investigation
"investigation" means an investigation relating to - fa} a breach of an agreement; fb} a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or {cj a circumstance or conduct that may result in a remedy or relief being available under any written law;
A notice under subsection (1) shall indicate the purpose for which the specified document or specified information is required by the Authority.
Authority
"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
The Authority may specify in the notice -
(aJ the time and place at which any document is to be produced or any information is to be provided; and
(bJ the manner and form in which it is to be produced or provided.
The power under this section to require an organisation to produce a document includes the power -
organisation
"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
(a} if the document is produced-
to take copies of it or extracts from it; and
to require such organisation, or any person who is a present or past officer of the organisation, or is or was at any time employed by the organisation, to provide an explanation of the document; or
(bJ if the document is not produced, to require such organisation or person to state, to the best of his knowledge and belief, where it is.
In subsections (1) and (2), "specified" means-
(aJ specified or described in the notice; or
(bJ falling within a category which is specified or described in the notice.
Terms defined in s 2
authorised officer
Defined · s 2"authorised officer" means any person appointed as an authorised officer under section 4(2);
Authority
Defined · s 2"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
investigation
Defined · s 2"investigation" means an investigation relating to - fa} a breach of an agreement; fb} a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or {cj a circumstance or conduct that may result in a remedy or relief being available under any written law;
organisation
Defined · s 2"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
Part