Personal Data Protection Act
GN. NO. 395B (Contd)
(4) Any document or articles produced pursuant
to this section by data controller or data processor or any
person shall be returned by the Commission within ten
working days after a request is made to the Commission
by the data controller or data processor or that person,
but nothing in this subsection precludes the Commission
from again requiring its production in accordance with
this section.
Obstruction of
Commission
43. A person who, in relation to the exercise of a
power conferred by this Act(a) obstructs or impedes the Commission in the
exercise of its powers;
(b) fails to provide assistance or information
requested by the Commission;
(c) refuses to allow the Commission to enter any
premises or to take any document or device
with personal data; or
(d) gives to the Commission any information
which is false or misleading;
commits an offence and shall be liable on conviction to a
fine of not less than one hundred thousand shillings but
not exceeding five million shillings or imprisonment to a
term of not more than two years, or both.
Seeking
assistance of any
person or
authority
44.-(1) For the purpose of gathering information
or for any investigation under this Act, the Commission
may cooperate with or use any person or other authority
as it considers necessary to assist the Commission in the
discharge of its functions.
(2) The person or another authority that will be
involved or used by the Commission under subsection
(1) shall have the same power as that of the Commission
in exercising investigation powers under this Act.
Enforcement
notice
45.-(1) Where the Commission is satisfied that a
person has failed to comply with any provision of this
Act, the Commission may serve an enforcement notice
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