Kenya has achieved several milestones in Data protection and privacy:
- In 2019, the Kenyan government passed the Data Protection Act, which sets out regulations for the collection, storage, and use of personal data by organizations operating in Kenya.
- In 2020, the Communications Authority of Kenya (CAK) introduced new regulations for mobile operators and internet service providers, which include measures to protect the personal data of their customers.
- In 2021, the Office of the Attorney General and the Ministry of ICT, Innovation and Youth Affairs established the Data Protection Commission, which will oversee the implementation of the Data Protection Act and ensure compliance with the regulations.
- The Government also introduced regulations that require organizations to appoint a data protection officer, conduct data protection impact assessments, and notify the Data Protection Commission of data breaches.
- The regulations also require organizations to obtain consent from individuals before collecting their personal data and to provide individuals with the right to access and control their personal data.
8 Best Practices To Implement for Data Privacy And Protection in your Day to Day operations
To implement and ensure data privacy in the day-to-day operations of businesses within the jurisdiction of the Office of Data Protection Commission, there are a few steps that could be taken:
- Train employees on data privacy best practices, including how to handle sensitive information and how to detect and prevent data breaches.
- Implement technical controls such as encryption and secure storage to protect personal data from unauthorized access.
- Regularly review and update data privacy policies and procedures to ensure compliance with relevant laws and regulations, such as the Data Protection Act of 2019.
- Appoint a data protection officer (DPO) or a team responsible for data privacy compliance and governance.
- Establish a process for responding to data breaches and notify affected individuals as well as the relevant authorities in line with the Act.
- Regularly conduct data protection impact assessments (DPIA) as required by the Act.
- Obtain consent from individuals before collecting, using, or sharing their personal data.
It’s important to note that businesses in Kenya are subject to regulations provided by the Data Protection Act of 2019 which lays out the legal framework for data protection. Compliance with this Act is mandatory.
In conclusion the management of the risk of non-compliance and compliance are equally important when implementing privacy programs. Organizations must identify any areas where they will be unable to adhere to the regulations’ requirements and take steps to manage the risk of non-compliance. This should involve officially documenting the risk within the organization, giving it the required visibility, and properly acknowledging the repercussions that could follow from the risk of non-compliance. The benefit that data privacy regulation unlocks for enterprises and all stakeholders is, of course, more important than simply ensuring compliance. Data privacy laws can dramatically improve cyber security when viewed as a value driver.
Happy Data Privacy Day.
Similar by Nick Kibocha: The Data Protection Act of Kenya 2019