Acts 2017
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(4) The rights referred to in subsections (1) and (2) shall be
explicitly brought to the attention of the data subject.
41.
(5)
In this section –
“direct marketing” means the communication of any
advertising or marketing material which is directed to any
particular individual.
Exercise of rights
Any right conferred on an individual in this Act may be exercised –
(a)
where the data subject is a minor, by a person who has
parental authority over the minor or has been appointed as his
guardian;
(b)
where the data subject is physically or mentally unfit, by
a person who has been appointed as his guardian or legal
administrator by a Court; or
(c)
in any other case, by a person duly authorised in writing by
the data subject to make a request under this Part.
PART VIII – OTHER OFFENCES AND PENALTIES
42.
Unlawful disclosure of personal data
(1) Any controller who, without lawful excuse, discloses personal
data in any manner that is incompatible with the purpose for which such
data has been collected shall commit an offence.
(2) Any processor who, without lawful excuse, discloses personal
data processed by him without the prior authority of the controller on
whose behalf the data are being or have been processed shall commit an
offence.
(3)
Subject to subsection (4), any person who –
(a)
obtains access to personal data, or obtains any
information constituting such data, without the prior
authority of the controller or processor by whom the
data are kept; and