Acts 2017 507 (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