Why the need to comply with Data Protection Act 2019 in Kenya
Data protection has become increasingly important in Kenya with the growing number of cyber attacks and data breaches affecting both individuals and organizations. The introduction of the Data Protection Act 2019 has made it more important than ever to improve data protection practices in order to comply with the law and protect personal data.
The Data Protection Act 2019 was enacted to regulate the processing of personal data and to provide greater protection for the privacy rights of individuals. The act applies to all organizations, both public and private, that process personal data within Kenya. Personal data is defined as any information relating to an identified or identifiable natural person.
There are several reasons why improving data protection practices is essential to comply with the Data Protection Act 2019. Firstly, it helps to protect the privacy rights of individuals. Personal data must be processed lawfully, fairly, and in a transparent manner. This means that individuals must be informed of the collection and use of their personal data and must give their consent to its processing. Organizations must ensure that personal data is accurate and up-to-date and must take measures to prevent unauthorized access, disclosure, or destruction of personal data.
Secondly, compliance with the Data Protection Act 2019 helps to build trust between organizations and their customers. Individuals are more likely to trust organizations that are transparent about their data protection practices and take the necessary steps to protect their personal data. This can lead to increased customer loyalty and satisfaction, as well as a positive reputation for the organization.
Thirdly, compliance with the Data Protection Act 2019 is essential to avoid legal and financial consequences. Organizations that do not comply with the law can face fines, legal action, and damage to their reputation. The act allows for fines of up to 3 million Kenyan shillings or 1% of an organization’s annual turnover, whichever is higher. In addition, individuals have the right to seek compensation for any damages suffered as a result of a data breach.
Improving data protection practices can be a complex process, but there are several key steps that organizations can take to comply with the Data Protection Act 2019. Firstly, organizations must appoint a data protection officer (DPO) who is responsible for ensuring compliance with the law. The DPO must be knowledgeable about data protection laws and must have the necessary resources to carry out their duties.
Secondly, organizations must conduct a data protection impact assessment (DPIA) to identify and mitigate the risks associated with processing personal data. This involves assessing the nature, scope, context, and purposes of the processing, as well as the risks to the rights and freedoms of individuals. The DPIA must be carried out prior to the processing of personal data and must be updated regularly.
Thirdly, organizations must implement appropriate technical and organizational measures to protect personal data. This includes measures to ensure the confidentiality, integrity, and availability of personal data, as well as measures to prevent unauthorized access, disclosure, or destruction of personal data. These measures may include encryption, access controls, and regular data backups.
Fourthly, organizations must ensure that individuals are informed of the collection and use of their personal data and must obtain their consent to its processing. This can be achieved through the use of privacy notices and consent forms.
Finally, organizations must have procedures in place to detect, investigate, and report data breaches. In the event of a data breach, organizations must notify the relevant authorities and affected individuals without undue delay.
