20—Issuance of penalty notice

20.

(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.

186  PART III—ENFORCEMENT PROVISIONS