Personal Data Protection Act
GN. NO. 395B (Contd)
(g) the manner in which the failure became
known to the Commission, including whether
the data controller or data processor notified
the Commission of the failure;
(h) the extent to which the data controller or data
processor has complied with previous
enforcement notices or penalty notices;
(i) adherence to codes of ethics or terms and
conditions of registration;
(j) whether the penalty would be effective; and
(k) any other aggravating or mitigating factor
applicable to the case, including financial
benefits gained, or losses suffered, as a result
of the failure, whether directly or indirectly.
Administrative
fines
47. The maximum amount of the penalty that
may be imposed by the Commission in a penalty notice
in relation to contravention of provisions of this Act is
one hundred million shillings.
Review of
decision
48.-(1) The Commission may, upon application
or on its own motion, review its decision or direction
given in accordance with the provisions of this Part.
(2) After review of the decision under subsection
(1), the Commission may reverse, alter or revoke its
decision or direction previously issued.
Right of appeal
49. A person who is aggrieved with the
administrative action taken by the Commission,
including the directions given in the enforcement notice
or penalty imposed in the penalty notice, may appeal to
the High Court.
Payment of
compensation
50.-(1) Subject to the provisions of section 37,
the Commission may, in addition to any penalty given
under this Act, order a data controller or data processor
who causes damages to the data subject following
contraventions of any provisions of this Act to pay
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