When Yes Means No – A Look At Kenya's Evolving Data Protection Framework

Privacy is a fundamental human right and is central to the protection of human dignity. In its simplest form, the right to privacy allows each human being to be left alone in a core that is inviolable. As we continue to celebrate Data Privacy Day, we look at key takeaways from recent decisions issued by the Office of the Data Protection Commissioner (ODPC) as data protection jurisprudence continues to evolve in Kenya.

Background

The ODPC has taken proactive steps and efforts to protect the right to privacy of data subjects since its establishment in 2019. The ODPC's key determinations in 2023 expounded on the principles of consent, issues around the transfer of personal data, and vicarious liability for data breaches.