Data Commissioner calls for public comments on draft Alternative Dispute Resolution framework

The Office of the Data Protection Commissioner (ODPC) has called for comments from the public on its first draft Alternative Dispute Resolution (ADR) framework for data protection disputes.  The ADR, in the context of the framework, is a voluntary process of settling data protection disputes

Proposed EU Data Act and possible impact of the rules

On February 23, the European Commission proposed new rules on who can use and access data generated in the EU across all economic sectors. These rules would be contained in the proposed Data Act. According to the press release, the proposal for the Data Act

Privacy and data trends to watch in 2022

It is 2022 and data protection continues to be a major issue in business. For companies operating in multiple jurisdictions, there are key trends that will be important for them to keep in mind. The growing call for international data protection collaboration In 2021, the

Meta takes data security a notch higher by launching privacy centre to educate users

As more and more economic and social activities take place online, the importance of data privacy and protection is coming to the fore even as more users voice concerns over security of their private information.  This points to why Meta launched a prototype Privacy Centre

Another contest on the way in new anti-money laundering Bill

The balance between the protection of the right to privacy and enforcing anti-money laundering laws will once again come to the fore as Parliament works to seal loopholes in the current legal framework.  Kenya is considered one of the major money laundering jurisdictions in the

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: Bulk Political Messaging Do’s and Don’ts

Kenyans can expect to receive an influx of political messages as we approach the August 2022 General Election. Most political aspirants and candidates will seek to capitalize on the campaign period through use of bulk political Short Message Service (SMS). Unlike past experiences, the 2022

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

A sneak peek at China’s Personal Information Protection Law (PIPL)

On Monday, November 1, 2021, China’s Personal Information Protection Law (PIPL) took effect, months after it was promulgated by the Standing Committee of China’s National People’s Congress. This is China’s first comprehensive law in the personal information protection area and it is based on the

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

Regulating the legal tech space, Bills in the pipeline

Bridging the nexus between technology and the law has proven to be an increasingly tumultuous  domain to regulate. However, this has not discouraged Kenyan legislators from attempting to regulate the disruptive sector. Below is a snapshot of four proposed legislation, at varying stages of approval,

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

The Cost of Data Breaches

Growth of Technology Kenya’s digital landscape has grown immensely amid the Covid-19 Pandemic period partly due to the reliance of technology as a saving grace. With the growth, new technology and increased internet connectivity has led to an increase in information sharing. This has improved

State of the GDPR at 3 and its global effect

As of Tuesday 25 May, it was 5 years of General Data Protection Regulations (GDPR). 3 years since its enforcement and its impact on the world can be felt. The Regulations have elevated the awareness of privacy and data protection from boardrooms to living rooms

Children of a lesser god? How Whatsapp is imposing Terms and Conditions outside the EEA

WhatsApp’s new terms of service will go into effect from May 15, 2021 all over the world except for the EU. This is because WhatsApp users in Europe can opt-out of the new privacy policy owing to the General Data Protection Regulation (GDPR), which shields

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.

Primer on the proposed registration of Data controllers and processors

The Data Protection Commissioner has published the draft Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021. These Regulations will give effect to the provision of the Data Protection Act that provides for the registration of data controllers and data processors.  The registration

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

What’s up WhatsApp? The truth behind the new privacy policy

Introduction WhatsApp is a free, multiplatform messaging app that lets you make video and voice calls, send text messages, and more with just a Wi-Fi connection. It is owned by Facebook (Facebook acquired it in 2014 for US$19.3 billion)  and currently has over 12 million

Kenya appoints her first Data Commissioner

As the Data Commissioner, she will be responsible for the enforcement of the Data Protection Act