Data Protection Commission tells Kenyans to seek legal redress for personal information obtained without consent

Data Protection Commission tells Kenyans to seek legal redress for personal information obtained without consent

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Office of the Data Protection Commissioner (ODPC) has told the Kenyan public to report cases of misuse of personal data by businesses, banks, institutions or organisations.

During a one-day National Data Protection Advocacy Workshop in Ol Kalou, the ODPC pointed out that the right to protection of personal data is provided for in data protection laws and appealed to ordinary citizens to use the law to protect personal information like identity card number, telephone number, school and college certificates numbers, insurance numbers, medical records and driving licence number.

ODPC team led by Abdullahi Ali educated participants on their right to privacy that include right to be informed about why their data is being collected, right to rectification of the data given if it is inaccurate, right to consent as well as right to object collection of their data, among others.

However, Mr Ali clarified that while some rights are absolute such as right to be informed, others are limited or not absolute for such as the right to consent.

“Some institutions are mandated by law to get information hence may not rely on consent of the data subject. However, such institutions must ensure the data collected is secured as outlined in data protection laws,” noted Ali.

Norman Atella, one of the facilitators highlighted importance of raising awareness across the country, and lay emphasis on the rights to personal data protection and empowering individuals to guard their privacy as well as fostering compliance with their rights.

He, however, noted that the right to consent is voluntary. In addition, h said, it is unethical for data controller to use incentives such bribery or inducement to obtain data from members of public. The public was advised to take control of their data and avoid negligence in sharing personal information.

The team highlighted the importance of reporting cases of data misuse, which can be done through lodging the complaints online through ODPC website or in person at ODPC offices in Nairobi, Kisumu, Mombasa, Eldoret, Machakos, Nyeri and Nakuru.

ODPC revealed that, as of March 1, 2025, the office had received 7,128 complaints and had concluded 215 cases.

Among these 215 cases, penalties have been imposed on 10 entities, 103 compensations have been issued while other 39 have been resolved through Alternative Dispute Resolution.

Nyandarua County Commissioner Abdirisack Jaldesa who officially opened the workshop appreciated the ODPC for the workshop to enlighten the public on importance of data protection. The county boss the data collected during Huduma Number registration prompted the establishment of ODPC to protect the data collected.

  • A Tell Media / KNA report / By Kimani Tirus
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