SamoaNational Digital Identification Act 2024, compliance, information requests and penalties
In force since .
An enforcement supervision rule binding public and private bodies.
- Enforcement body
- Registrar General
- Obligation class
- Governance, Reporting
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- As a relying party or data processor in the National Digital Identification System, comply with every provision of the National Digital Identification Act 2024 and its regulations.
- On the Registrar General's request, provide any information about your activities under the Act that the Registrar General asks for to verify your compliance.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 54(1) makes a relying party's or data processor's failure to comply with any provision of the Act or its regulations punishable on conviction by a fine of up to 500 penalty units for a first failure and up to 1,000 penalty units for any later failure. Section 58 separately sets a fine of up to 150 penalty units or imprisonment of up to seven years, or both, for the offences in sections 55 to 57 and for any other offence under the Act that has no specific penalty.
Penalty structure
Section 54(1) caps the fine for a relying party's or data processor's failure to comply at 500 penalty units for a first failure and 1,000 penalty units for any later failure, and states no term of imprisonment. Samoa fixes the penalty unit at WST 100 under section 4 of the Fines (Review and Amendment) Act 1998, so the higher cap is WST 100,000. The separate offences in sections 55 to 57 carry a fine of up to 150 penalty units (WST 15,000) or imprisonment of up to seven years under section 58(1).
- Rule
- Fixed only
- As of
- Currency
- WST
- Fixed cap
- 100,000
What it makes you log
Logging duty
Section 54(2) lets the Registrar General require relying parties and data processors to provide information about their activities under the Act, which is a demand power and names no record the party must keep. Section 54(1) and section 58 set fines and imprisonment, and neither sets a record duty. The record of personal data breaches that section 50(4) requires sits in another row.
- Kind
- None
- As of
What this law does
Section 54(1) makes a relying party or data processor that fails to comply with any provision of the Act or its regulations liable on conviction to a fine of up to 500 penalty units for a first failure and up to 1,000 penalty units for any later failure. Section 54(2) lets the Registrar General require relying parties and data processors at any time to provide information about their activities under the Act, to verify their compliance.
Section 54(3) requires the Registrar General, on reason to believe that a relying party or data processor has not complied, to notify the appropriate authority and assist it in any investigation. Section 58(1) makes an offence under section 55, 56 or 57 punishable on conviction by a fine of up to 150 penalty units or imprisonment of up to seven years, or both. Section 58(2) sets the same penalty for any other offence under the Act or its regulations for which no specific penalty is provided.
When LexLint raises it
When your app profile says your app processes personal data.
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