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Electronic Transactions
No. 33
(iii) take extracts from, or make copies of, any book,
document, record or any element that is in the premises or in
the information system and has a bearing on an investigation;
(iv) demand the production of, and inspect, relevant
authorizations, declarations and certificates;
(v) inspect any facilities on the premises, which are linked or
associated with the information system;
(vi) access and inspect the operation of any computer or
equipment forming part of an information system and any
associated apparatus or material which the cyber inspector has
reasonable cause to believe is, or has been used in, connection
with the commission of any offence;
(vii) use or cause to be used any information system or part
thereof to search any data contained in or available to such
information system;
(viii) require the person by whom, or on whose behalf, the
cyber inspector has reasonable cause to suspect the computer
or information system is or has been used, or require any
person in control of, or otherwise involved with the operation
of the computer or information system, to provide the cyber
inspector with such reasonable technical and other assistance
as the cyber inspector may require for the purposes of this part;
or
(ix) make such inquiries as may be necessary to ascertain
whether the provisions of this Act or any other written law on
which an investigation is based, have been complied with.
(2) A person who__
(a) hinders or obstructs a cyber inspector in the performance of
his powers and functions under this Part;
(b) refuses to co-operate with a cyber inspector; or
(c) falsely holds himself out as a cyber inspector,
commits an offence and shall, upon conviction, be liable to a fine
of K5,000,000 and imprisonment for seven years.
Processing of
personal data
(3) For the proper performance of his functions under this Act, a
cyber inspector maybe accompanied by a police officer.
PART VII__DATA PROTECTION AND PRIVACY
__
71. (1) A data controller shall ensure that personal data is__
(a) processed fairly and legally;
(b) collected for specified, explicit and legitimate purposes and
not further processed in a way incompatible with those purposes;
(c) adequate, relevant and not excessive in relation to the
purposes for which they are collected and processed;