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Kenya: Ministry of ICT, Innovation and Youth Affairs launches consultation on draft data protection regulations

The National Communications Secretariat announced, on 13 April 2021, that the Ministry of ICT, Innovation and Youth Affairs had launched a public consultation on three sets of draft data protection regulations. In particular, the Ministry highlighted that it is seeking feedback on the following regulations:

  • The Data Protection (General) Regulations, 2021 ('the General Regulations') which outline the procedures for the enforcement of data subject rights, as well as expand upon the duties and obligations of data controllers and data processors;
  • The Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 ('the Registration Regulations') which define the procedure that will be adopted by the Office of the Data Protection Commissioner ('the Commissioner') when registering data controllers and data processors; and
  • The Data Protection (Compliance and Enforcement) Regulations, 2021 ('the Enforcement Regulations') which outline the compliance and enforcement provisions for the Commissioner, data controllers, and data processors.

Furthermore, the Ministry extended an invitation to interested parties to attend a virtual public hearing on the draft regulations.

Comments can be submitted via email to [email protected] or via Whatsapp on the telephone numbers provided by 27 April 2021.

You can read the post here, the General Regulations here, the Registration Regulations here, and the Enforcement Regulations here.

UPDATE (27 April 2021)

Ministry extends deadline for comments

The Ministry announced, on 27 April 2021, that it had extended the deadline for comment to be submitted by the public on the draft regulations.

Comments can now be submitted until 11 May 2021.

You can read the Twitter post here.