ADVOKS GLOBAL · KENYA
The Data Protection (Complaints Handling Procedure and Enforcement) Regulations
20. Issuance of penalty notice
Edition: 2022-12-31 · In force
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 subregulation (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 subregulation (4) shall be managed in accordance with section 67 of the Act and the Public Finance Management Act (Cap. 412A).