[kictanet] Data Privacy Day: Reflections on Kenya’s Data Protection Laws

nzambi kakusu kakusuj7 at gmail.com
Sat Jan 29 09:32:13 EAT 2022

Today, 28 January marks the Data Privacy Day, which is of great
significance for Kenya, coming almost three years since the enactment of
the Data Protection Act, 2019. The day commemorates the right to data
privacy and provides an opportunity to create awareness of the universal
right to data privacy. It also provides an opportunity to reflect on the
developments that have occurred locally in the past year, and consider what
more could be done to realise the right.

The journey <https://www.kictanet.or.ke/?mdocs-file=43918> to put in place
a legal framework for the protection of the right to privacy traces back to
2009, when the first Data Protection Bill was published. The right to
privacy was subsequently embedded in the Bill of Rights under article 31 of
the Constitution of Kenya, 2010. Notably, the constitution grants every
person the right to privacy, which includes the right not to have: their
person, home or property searched; their possessions seized; information
relating to their family or private affairs unnecessarily required or
revealed; or the privacy of their communications infringed.

It took a decade after the first Data Protection Bill was published, for
Kenya to enact the Data Protection Act in November 2019. The law provides
an elaborate legal and institutional framework for the protection of the
right to privacy and regulates the processing of personal data.




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