Data Protection in Action: How the Draft Data Protection (General) Regulations aim to protect your personal data – The Draft Data Protection (General) Regulations 2021 (“the Draft Regulations”) were recently published for public consultation. They elaborate the rights and duties of the data subjects, data controllers and data processors, and also provide the procedures for enforcing the said rights and duties. Some of the rights that data subjects enjoy include: right to consent to the use of their personal data, right to request for their data to be rectified or deleted, right to object to the commercial use of their data, right to have their personal data anonymised or pseudomised, right to notify the Data Commissioner of any data breach, among other rights. The Draft Regulations also provide that any server used for processing personal data for actualising public goods or services such as education or elections must be located in Kenya. The Draft Regulations are therefore aimed at substantively implementing and effecting the provisions of the Data Protection Act.
