Personal Data Protection Act
GN. NO. 395B (Contd)
without the prior authority of the data controller commits
an offence.
(3) Subject to subsection (4), a person who(a) obtains personal data, or obtains any
information constituting personal data,
without prior authority of the data controller
or data processor by whom the personal data
is kept; or
(b) discloses personal data to third party,
commits an offence.
(4) A person who offers for sale personal data of
another person obtained in breach of subsection (1)
commits an offence.
(5) For the purposes of subsection (4), an
advertisement indicating that personal data is or may be
for sale, constitutes an offer for sale of the personal data.
(6) A person who commits an offence under this
section shall, upon conviction, be liable to(a) in the case of an individual, a fine of not less
than one hundred thousand shillings but not
exceeding twenty million shillings or to
imprisonment for a term not exceeding ten
years or both; and
(b) in the case of a company or corporation, a
fine of not less than one million shillings but
not exceeding five billion shillings.
Offences of
unlawful
destruction,
deletion,
concealment or
alteration of
personal data
61. A person who unlawfully destroys, deletes,
misleads, conceals or alters personal data commits an
offence and shall, upon conviction, be liable to a fine of
not less than one hundred thousand shillings but not
exceeding ten million shillings or to imprisonment for a
term not exceeding five years or both.
Offences by
company or
corporation
62. Where an offence under this Act is committed
by a company or corporation, the company or
corporation and every officer of the company or
corporation who knowingly and willfully authorises or
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