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The Data Protection Bill, 2018
MEMORANDUM OF OBJECTS AND REASONS
Statement on the Objects and Reasons of the Bill
The principal object of the Bill is to protect personal data collected,
used or stored by both private and public entities. The Bill recognizes that
data protection forms part and parcel of the expectation of the right to
privacy. This Bill provides for the legal framework for protection of a
person's privacy in instances where personal information is collected,
stored, used or processed by another person. In Kenya the right to
privacy is protected under Article 31 of the Constitution. Therefore,
this Bill seeks to operationalise Article 31 of the Constitution, in
particular Article 3 1(d) and (c).
By providing for this right under the Constitution, is an
indication as to the importance of the right to privacy. However,
despite the importance attached to this right, the right is not absolute.
It may be limited and must as of necessity be balanced against other
competing rights and interests such as protecting the rights and
freedoms of others, and maintaining law and order.
Part I of the Bill sets out definition of various terms used and
application of the law. Part II outlines the objects and principles of
protection of personal data. In particular, clause 4 sets out principles to
guide the interpretation and application of the law, clause 6 sets out the
circumstances the right to privacy regarding personal data can be limited.
This Part also provide for the manner of collecting and processing
personal data. Processing of special personal information, information
relating to religious beliefs, race, health, trade union activities, data
relating to a minor and political persuasions, is provided for under Part III
of the Bill. It sets out the criteria for processing and who may process such
information. Part IV on its part deals with oversight and implementation of
the law. The Kenya National Commission on Human Rights will be the
responsible institution for oversight and implementation, including
investigating abuses. Final provisions encompassing offences and power
for the Cabinet Secretary to make regulation are provided for under Part V
of the Bill.
Due to massive development in the field of information,
communication and technology experienced the world over and increase
in collection of personal information by government and private bodies,
the need to protect personal information has gained prominence.
Therefore, there is urgent need to put in place rules to regulate the
collection, use, storage and processing of personal information.