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No.
36
Data Protection
2019
(3) A person who, without reasonable excuse, fails or
refuses to comply with a notice, or who furnishes to the
Data Commissioner any information which the person
knows to be false or misleading, commits an offence.
58. (1) Where the Data Commissioner is satisfied that
a person has failed, or is failing, to comply with any
provision of this Act, the Data Commissioner may serve an
enforcement notice on that person requiring that person to
take such steps and within such period as may be specified
in the notice.
(2) An enforcement notice served under subsection (1)
shall—
(a) specify the provision of this Act which has been, is
being or is likely to be, contravened;
(b) specify the measures that shall be taken to remedy
or eliminate the situation which makes it likely
that a contravention will arise;
(c) specify a period which shall not be less than
twenty-one days within which those measures
shall be implemented; and
(d) state any right of appeal.
(3) Any person who, without reasonable excuse, fails
to comply with an enforcement notice commits an offence
and is liable on conviction to a fine not exceeding five
million shillings or to imprisonment for a term not
exceeding two years, or to both.
59. For the purpose of gathering information or for
any investigation under this Act, the Data Commissioner
may seek the assistance of such person or authority as they
deem fit and as is reasonably necessary to assist the Data
Commissioner in the discharge of their functions.
Enforcement
notices.
Power to seek
assistance.
60. The Data Commissioner, upon obtaining a warrant
from a Court, may enter and search any premises for the
purpose of discharging any function or exercising any
power under this Act.
Power of entry
and search.
61. A person who, in relation to the exercise of a
power conferred by section 9—
Obstruction of
Data
Commissioner.
(a) obstructs or impedes the Data Commissioner in the
exercise of their powers;