! 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;

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