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The Data Protection Bill, 2018
(4) Despite the provisions of this Act, a persons may
lodge a claim before the Court for an appropriate remedy.
PART V—MISCELLANEOUS PROVISIONS
37. (1) Where an agency-discloses
personal data in Protectionagainst
certam actions.
good faith pursuant to this Act
no civil or criminal proceedings shall lie against
the agency in respect of disclosing the data, or for
any consequences that may arise as a result of
disclosing the data; and
no civil or criminal proceedings shall lie in respect
of any publication of the disclosed data against the
author of the data or any other person by reason of
that author or other person having supplied the
data to an agency.
(2) The disclosure of or giving of access to a person of
any personal data pursuant to a request made under section
17 shall not be construed, for the purposes of the law
relating to defamation or breach of confidence or
infringement of copyright, to constitute an authorisation or
approval of the publication of the information by the person
to whom the information is disclosed or access is given.
38. (1) A person who collects or processes personal
data in any manner contrary to the provisions of this Act
commits an offence and is liable, on conviction, to a fine
not exceeding five hundred thousand shillings or to a term
of imprisonment not exceeding five years, or to both.
(2) A person who
without reasonable excuse, obstructs, hinders or
prevents the Commission or any other person from
the performance of their functions or the exercise
of their powers under this Act;
makes any statement or gives any information to
the Commission or any other person exercising
powers under this Act, knowing the statement or
information to be false or misleading;
holds himself or herself out as having authority to
perform any action or exercise any powers under
this Act when he or she does not hold that
authority; or
Offences.