Kenya: Data Protection Commission Urges Entities to Comply With Data Law

Nairobi — The Office of the Data Protection Commission (ODPC) has urged all data controllers and processors to register their entities, having received 1,660 applications since the process started on July 14.

The applications received so far are from wide range of entities including government agencies, non-profit entities, private organizations, and religious institutions among others.

Commenting on the status of the registration, Data Commissioner Immaculate Kassait commended data processors and controllers for making great efforts to meet their registration obligations.

“I urge all data controllers and processors to get registered in compliance with the regulations which seek to protect the right of individuals and facilitate the realization of a thriving digital economy which relies on data for innovation and growth,” said Kassait.

All entities handling the personal information of individuals residing in Kenya are required to register as Data Controllers or Processors, actualizing the provisions of the Data Protection Act, 2019.

The registration requirements are subject to the annual turnover and number of employees of an entity with an exemption of certain entities that must register regardless of these requirements.

The entities exempted from the mandatory registration under the registration regulations are those whose annual revenue is below Sh5 million and has less than 10 employees.

Under the law, sharing or offering for sale personal information could land those responsible for their safe storage in jail for up to six months or fines of up to Sh5 million.

As of September 2, ODPC had issued 332 entities with certificates of registration whereas 805 were yet to complete the registration process by making their payment.

Additional 459 entities are still at the registration stage while applications of 64 other entities are under review.

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