ADVOKS GLOBAL · KENYA
Data Protection Act
58. Enforcement notices
Edition: 2022-12-31 · In force
58. Enforcement notices
(1)Where the Data Commissioner is satisfied that a person has failed, or is failing, to comply with any provision of this Act, the Data Commissioner may serve an enforcement notice on that person requiring that person to take such steps and within such period as may be specified in the notice.(2)An enforcement notice served under subsection (1) shall—(a)specify the provision of this Act which has been, is being or is likely to be, contravened;(b)specify the measures that shall be taken to remedy or eliminate the situation which makes it likely that a contravention will arise;(c)specify a period which shall not be less than twenty-one days within which those measures shall be implemented; and(d)state any right of appeal.(3)Any person who, without reasonable excuse, fails to comply with an enforcement notice commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both.