Blog Post

Kenya Data Protection Law: Understanding Your Rights And Responsibilities

  • Zafir Kurji
  • 10 Aug, 2023

Kenya's Data Protection Act of 2019 is a comprehensive data protection law that aims to protect the privacy and rights of individuals in Kenya. This law applies to all personal data processed by both public and private entities in the country. Personal data refers to any information that relates to an identified or identifiable natural person, such as name, address, email address, identification number, location data, or online identifier.

The law applies to any data controller or processor who processes personal data within Kenya, regardless of whether they are based in Kenya or abroad. This means that any business or organization that collects, stores, or uses personal data in Kenya is subject to the law. The law also applies to data processors who process data on behalf of data controllers, such as cloud service providers.

Data subjects have various rights under the Data Protection Act. One of the main rights is the right to access their personal data. This means that individuals have the right to request and receive information about what personal data is being collected, how it is being used, and who it is being shared with. Data subjects also have the right to correct any inaccurate personal data and the right to erasure, which means they can request that their personal data be deleted.

Data controllers and processors also have specific responsibilities under the law. They must ensure that personal data is processed lawfully, fairly, and transparently. They must also obtain consent from data subjects before collecting their personal data and ensure that the data is used only for the purposes for which it was collected. Data controllers and processors must also take appropriate measures to protect personal data from unauthorized access, loss, destruction, or damage.

Overall, the Data Protection Act of 2019 is an essential step in protecting the privacy and rights of individuals in Kenya. It is crucial for businesses and organizations to understand their responsibilities under the law and ensure that they are compliant with its provisions. Data subjects should also be aware of their rights and take steps to exercise them if necessary. By working together, we can create a safer and more secure digital environment for everyone in Kenya.