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Principles of data protection: Data should be processed lawfully, fairly and in a transparent manner in relation to the data subject.

What does it mean to process data lawfully? For the Data processor or controller it means that the reasons or grounds for processing the data must be legal. If there is no legal basis for processing data then the processing will be unlawful. The data controller or processor cannot do anything with the data which would be in breach of…

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Principles of Data Protection: Processing in accordance with the right to privacy

The right to privacy is a right enshrined in the Constitution of Kenya, 2010 in Article 31 which states:- Every person has the right to privacy, which includes the right not to have– their person, home or property searched; their possessions seized; information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications…

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Data Protection Ecosystem

The Data Subject is central to the Data Protection Ecosystem as they are the source of data and the subject of protection. As per the Data Protection Bill, 2019, the Data Subject is an identified or identifiable natural person who is the subject of personal data. It is noteworthy that the GDPR gives a more elaborate definition of a Data…

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SERIES ON DATA PROTECTION

There are currently two Bills on Data Protection pending before both the National Assembly and the Senate. The Data Protection Bill, 2019 was tabled before the National Assembly for the first reading on 4th July 2019. the Senate Bill on the other hand was passed with amendments by the Senate on 10th July 2019 and referred to the National Assembly…

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