This archive report was first published on 21 October 2019.
On October 21, 2019, a parliamentary committee proposed significant amendments to the Data Protection Bill, 2019, aimed at protecting the rights of data subjects from flagrant abuse by government agencies and other entities.
The National Assembly Committee on Communication, Information and Innovation, chaired by Marakwet West MP William Kisang, recommended that State agencies seeking to retrieve data on individuals under investigation must secure court orders first.
This move is expected to change the current practice where State agencies can access personal data at will.
According to the committee's report, court orders will help safeguard the rights of data subjects and prevent the abuse of power by government agencies and other entities.
However, the committee has also recommended that the requirement of a court order be exempted on a case-by-case basis, especially if the processing of personal data is for the public interest, such as tracking terrorism suspects or individuals with taxation issues.
“Public interest is a broader concept, which encompasses an interest that is common concern among citizens in the management of local and national affairs,” the committee's report reads.
The committee has also proposed increasing the sentence for those who violate the law from two years to 10 years in jail, while maintaining the fine of not exceeding Sh3 million.
Mr. Kisang expressed hope that his colleagues will adopt the committee's recommendations to ensure civility and order in the management of personal data.
“Those seeking the information must go to court first so that people's rights are not abused,” he said.
He also noted that telcos will be required to release information through a court order, and State agencies such as the Kenya Revenue Authority will be exempted from the requirement of a court order as they serve courses that are of public interest.
