The Data Protection Bill, 2018
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Statement on the delegation of legislative powers and limitation of
fundamental rights and freedoms
Clause 36 of the Bill provides that the Cabinet Secretary may make
Regulations for the better carrying out of the provisions of the Act The
Bill therefore delegates legislative powers to the county Cabinet Secretary.
The Bill proposes to limit the right to privacy under Article 31 of the
Constitution respectively. Clause 6 of the Bill proposes to limit the right to
privacy by providing that the right to privacy may be limited for the
purpose of safeguarding fundamental rights and overriding legitimate
interests. However, the limiting of this right must be in a manner that is
least intrusive. The limitation of the right to privacy proposed in this Bill
meets the requirements set out under Article 24(1) of the Constitution.
Statement on how the Bill concerns county governments
The Fourth Schedule to the Constitution provides for the functional
areas of both the county governments and national government. In
performance of this functions, and as of necessity, county governments as
well as persons regulated by county governments collect, use and store
personal information or data. This Bill seeks to put in place a legal
framework for the protection of personal data that may be collected by
private and public entities including county governments. The Bill
therefore concerns county governments in terms of Articles 1 10(1)(a) of
the Constitution in that it contains provisions that affect the functions and
powers of the county governments as set out in the Fourth Schedule to the
Constitution.
Statement that the Bill is not a money Bill within the meaning of
Article 114 of the Constitution
The Bill is not a money Bill within the meaning of Article 114 of the
Constitution.
Dated the 15th May, 2018.
GIDEON MOl,
Chairperson of the Committee on
Information, Communication and Technology.