Lifting the veil of ambiguity around transfers of personal data outside Kenya – the 2022 version of the draft Data Protection (General) Regulations

In an increasingly globalised world, consequential and integral to international trade is the flow of data. More than ever, for-profit organizations are expanding the scope of their operations across the

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

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

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

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

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

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

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

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

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

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

Post BREXIT Data Partnerships: Kenya’s First ‘Adequacy Partnership/ Decision’?

The United Kingdom on Thursday announced their Post-Brexit approach to international data transfers which includes future partnerships with Kenya. India, Brazil and Indonesia are also in this priority list. The

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

Data Policy Framework for Africa

The African Union Commission (AUC) is in the process of developing a Data Policy Framework for Africa. The process which is made possible by the Deutsche Gesellschaft für Internationale Zusammenarbeit

Data Breaches and Cyber Security: What you need to know

A few years ago, many corporations used to think data protection meant security of systems. And this was because they thought the word protect meant security in the context of

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

Data Sovereignty: Threat to Cloud?

On June 22, Senegal’s President Macky Sall launched a national data centre which will host Senegal’s all government data and digital platforms in an effort to strengthen its digital sovereignty.

A Review of a report on publicly available Data Policies of Commercial Banks

The Centre for Intellectual Property and Information Technology Law (CIPIT), Strathmore University has published a study of the Publicly Available Data Policies of Commercial Banks operating in Kenya in Relation

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

Regulatory Impact Assessment on the Data Protection Regulations

The Office of the Data Protection Commissioner (ODPC) vide a Gazette Notice No. 4697 informed the public that a Regulatory Impact Assessment (RIA) on the proposed Data Protection (Registration of

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

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

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

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

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

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

Data Protection and COVID-19 Health data at the workplace

The COVID-19 pandemic has disrupted the lives and livelihoods of many individuals. Many businesses are still trying to catch up with the new normal which has greatly affected how transactions

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,

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

The guidance note on Personal Data Protection on COVID-19

In March 2020, the World
Bank declared COVID-19
as a global Pandemic
prompting governments
and health officials to take
precautionary measures to
curb the spread of the virus. Some
of the measures put in place require
an aspect of mass surveillance in
order to map out close contacts
who may have interacted with an
infected or a potentially exposed
person.

Establishment of the Taskforce on Development of the Data Protection (General) Regulations

The Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs, has constituted a Taskforce to be known as the Taskforce on the Development of the Data Protection, General Regulations.

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

Kenya appoints her first Data Commissioner

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