No. 24 of 2019
Data Protection
[Subsidiary]
(a)
before the end of the period specified in the enforcement notice; and
(b)
on the ground that—
(i)
a change of circumstances or new facts have arisen; or
(ii)
one or more of the provisions of that notice need not be complied with
in order to remedy the failure identified in the notice.
19. Appeals against enforcement notice
Subject to sections 58 (2) (d) and 64 of the Act, a person may before the lapse of thirty
days from the date of service of the enforcement notice, appeal to the High Court against a
decision arising out of the enforcement of the notice.
20. Issuance of penalty notice
(1) The Data Commissioner shall, where any of the circumstances specified under
section 62 of the Act and these Regulations arises, issue a penalty notice for each breach
identified in the enforcement notice.
(2) A penalty notice shall contain—
(a)
the name and address of the concerned person, to whom it is addressed;
(b)
the reasons why the Data Commissioner proposes to impose the penalty and
the amount thereof;
(c)
an administrative fine imposed as contemplated under section 63 of the Act;
(d)
details of how the penalty is to be paid; and
(e)
details of the rights of appeal under section 64 of the Act.
(3) The administrative fine levied under sub-regulation (2)(c) shall consider each
individual case and have due regard to factors or reasons outlined under section 62 (2) of
the Act.
(4) A penalty notice may impose a daily fine of not more than ten thousand shillings for
each breach identified until the breach is rectified.
(5) The daily fine imposed under sub regulation (4) shall be managed in accordance
with section 67 of the Act and the Public Finance Management Act, 2012.
21. Enforcement of penalty notice
The Data Commissioner shall enforce or take action to recover a penalty—
(a)
upon the lapse of the period specified in the penalty notice for payment of
the penalty;
(b)
on the final determination of any appeal against the penalty notice; or
(c)
on the lapse of the period given to appeal against the penalty.
10