DATA PROTECTION IN KENYA The Data Protection Act (DPA) became operational on the 25th Nov, 2019. The Act gives effect to articles 31 (c) and (d) of the Constitution of Kenya, 2010. In that respect, the DPA establishes the office of the Data Protection Commissioner (the ODPC) provides for the processing of personal data, and sets out the rights of data subjects as well as obligations of data processes and data controllers. The ODPC has the mandate to protect the privacy of individuals and oversee the enforcement of the DPA. On this basis the ODPC is mandated to receive and investigate any complaint on infringement of privacy rights under the DPA. Some of the important aspects to be noted when filing or defending a complaint as far as an authorized disclosure of personal or sensitive data. 1. JURISDICTION AND TIMELINES The ODPC is mandated by the DPA to be responsible for the enforcement of data protection, including receiving and i...
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