The Access to Information Bill,2015 22t3 (3) A person convicted of an offence under subsection (1) shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or to both. or 19. Where any information provided by a public entity private body to an applicant under section 11 was supplied to the public entity or private body by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice. Defamatory matter in information released. PART V_ CONFERMENT ON THE COMMISSION OF OVERSIGHT AND ENFORCEMENT TUNCTIONS AND POWERS 20. (1) The Commission is hereby granted the powers of oversight and enforcement of this Act. Role of the Commission. (2) In the performance of its functions under this Act, the Commission shall be guided by the national values and principles of the Constitution. 21.(l) The functions of the Commission shall be to(a) investigate, on its initiative or upon complaint made by any person or group of persons, violation of the provisions of this Act; (b) request for and receive reports from public entities with respect to the irirplementation of this Act and of the Act relating to data protection and to assess and act on those reports with a view to assessing and evaluating the use and disclosure of information and the protection of personal data; (c) develop and facilitate public education awareness and develop programmes on right to access to information and right to protection of personal data: (d) work with public entities to promote the right to access to information and work with other regulatory bodies on promotion and compliance with data protection measures in terms of legislation: (e) monitor state compliance with international treaty obligations relating to freedom of and right of Functions of the Commission.

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