328 The Data Protection Bill, 2018 (4) Despite the provisions of this Act, a persons may lodge a claim before the Court for an appropriate remedy. PART V—MISCELLANEOUS PROVISIONS 37. (1) Where an agency-discloses personal data in Protectionagainst certam actions. good faith pursuant to this Act no civil or criminal proceedings shall lie against the agency in respect of disclosing the data, or for any consequences that may arise as a result of disclosing the data; and no civil or criminal proceedings shall lie in respect of any publication of the disclosed data against the author of the data or any other person by reason of that author or other person having supplied the data to an agency. (2) The disclosure of or giving of access to a person of any personal data pursuant to a request made under section 17 shall not be construed, for the purposes of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the information by the person to whom the information is disclosed or access is given. 38. (1) A person who collects or processes personal data in any manner contrary to the provisions of this Act commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding five years, or to both. (2) A person who without reasonable excuse, obstructs, hinders or prevents the Commission or any other person from the performance of their functions or the exercise of their powers under this Act; makes any statement or gives any information to the Commission or any other person exercising powers under this Act, knowing the statement or information to be false or misleading; holds himself or herself out as having authority to perform any action or exercise any powers under this Act when he or she does not hold that authority; or Offences.

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