Election Data Concerns: IEBC, private sector and the public face risks

Against the backdrop of the 2022 General Election, Kenyans have been receiving unsolicited political messages, as political parties clamber to influence voters. Voter registration has been in overdrive, currently in the second phase of the enhanced continuous voter registration due to end on February 6,

Data Protection Commissioner announces opportunities for the ODPC and stakeholders to collaborate during dual data protection report launch

Kenya’s Data Protection Commissioner Immaculate Kassait has asked stakeholders to collaborate with her office to increase awareness of Data Protection laws and simplification of the legal framework.  Ms Kassait said it is not the sole responsibility of the Office of the Data Protection Commissioner to

Elections 2022: The ODPC should tame political parties on data privacy breach

On June 18th 2021, the Registrar of Political Parties Anne Nderitu shared a link through which members of the public could verify their political party membership status. Many Kenyans took to e-Citizen to confirm this and what followed was an uproar by people who claimed

Data Protection Act turns two years but more needs to be done to assure Kenyans

The Data Protection Act, 2019, (the DPA) was assented to by President Uhuru Kenyatta on November 8, 2019, and came into effect on November 25, 2019. This month marks the 2nd year anniversary since the DPA came into force. As Kenyans become savvier about their

Stakeholders Add Their Voice to Draft Strategic Plan by Office of the Data Protection Commissioner during Public Participation Forum

A draft strategic plan by the Office of the Data Protection Commissioner (ODPC) in Kenya was taken through a validation forum by stakeholders under public participation. The ODPC and the UK Embassy held a day’s workshop during which the ODPC Draft Strategic Plan (FY 2021/2022-

What next for Huduma Cards after court calls for data protection impact assessment

Data security came to play at the High Court in Nairobi on Thursday, October 14, 2021, after Justice Jairus Ngaah declared that the government’s decision of November 18, 2020, to roll out Huduma Cards was illegal. The judge said the government had not adhered to

ODPC, time to press play?

Is your company compliant with the Data Protection Act, 2019? Or does it have systems to ensure that it is compliant with data protection laws? The Act which was enacted in 2019 regulates the processing of personal data and has provisions on how to protect

Public Bodies and data protection: What you need to know

Public bodies are expected to comply with the provisions of the Data Protection Act, 2019. The Act defines a data controller as a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of

A note on the Data Protection (General) Regulations

Earlier this month, the Data Protection Task Force along with the Office of the Data Commissioner (ODPC) and the Ministry of ICT, published 3 draft regulations for public participation. This note provides some of the key segments of the Draft Data Protection (General) Regulations, 2021.

New rules for Data Protection

The Officer of the Data Protection Commissioner released Draft Data Protection Regulations earlier this week for public participation. The Regulations comprises: The Data Protection (Compliance and Enforcement) Regulations – The Regulations outline the compliance and enforcement provisions for Data Commissioner, Data Controllers and Data Processors.

Data Protection Regulations: What To Expect

In January 2021, the Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs Hon. Joe Mucheru constituted the Taskforce on the Development of Data Protection General Regulations. The mandate of this taskforce is to develop data protection regulations, conduct a comprehensive audit of the

The Office of the Data Protection Commissioner: 100 days later

The Office of the Data Protection Commissioner (ODPC) on Wednesday commemorated 100 days since the swearing-in of the first Data Commissioner and the establishment of the Office. On this day, the ODPC launched their Official Logo and Website, the Draft Guidance note of Data Protection

Data Protection Day 2021: Kenya’s steps into compliance

Yesterday, the 28 of January 2021; was the 15th Data Protection Day and the 40th anniversary of Convention 108. Data Protection Day or Privacy day is a day to raise awareness and promote privacy and data protection best practices. It is usually held on the

A look into the Data Commissioner’s in tray

With the government having announced plans to proceed with the Huduma Number project, the Data Commissioner’s role will be to ensure that the process is in compliance with the data protection Act while building public confidence in the whole system.

Update on the Kenya’s Data Commissioner interviews and appointment

Kenya’s Data Protection Act which came into effect on 25 November 2019, provides for the establishment the office of the Data Protection Commissioner to be headed by the Data Commissioner. The Public Service Commission had undertaken a shortlisting exercise and published names and interview schedules for the 10 shortlisted candidates on 7 July 2020. However, on the same morning, the Employment and Labour Relations Court, through an order issued by Judge Hellen Wasilwa and directed to the Commission to suspend the ongoing recruitment of the Data Commissioner pending the hearing and determination of a petition filed by lawyer Mr Adrian Kamotho.