Kenya launches new data protection rules

Kenya has introduced a new data protection law, which should safeguard against the commercialisation and misuse of data. The law, which brings Kenya into line with similar rules in South Africa, has been backed by the local information and communications technology (ICT) fraternity, which has described it as a good regulation policy framework for the industry. Robert Nyamu, partner and digital solutions, financial services and risk advisory, EY East Africa, said the law was a long time coming, even though countries like South Africa had already adopted their own General Data Protection Regulation Act (GDPR). “This law is good for the country even though we are having it five years after countries such as South Africa have implemented their GDPR,” he said. Mr Nyamu called for the expeditious drafting of the guidelines and regulations that will support the implementation of the data protection law. “There is need for the government to fast track the composition of the guidelines and regulations around the data protection law by engaging the industry on its sentiments. This will enable the businesses to adhere to the Act for purposes of propelling the digital solution ecosystem,” said Mr Nyamu. Louis Otieno, former corporate affairs director, Microsoft4Africa, added that the data protection law would help promote trust between businesses and data subjects. However, self-regulation will be necessary for the organisations that are the principal data holders. On the other hand, the industry leaders called for fair taxation of the digital economy to avoid crippling ICT as an enabler to the economy. “ICT is an enabler. However, when you create a deterrent to create growth in the business environment through bad taxation, you are curtailing and discouraging innovation,” he said. However, Mr Otieno criticised policies that discouraged ease of doing business through heavy taxation compared to the rest of the world. “Policies in Africa, or lack of them, have made doing business difficult compared to the rest of the world. For instance, India that has over one billion people, just as Africa has created an enabling environment for investors especially when it comes to ICT. We do not need to punish technology but instead, create favourable policies that will spur the growth of the digital economy.” Mr Otieno also added: “Taxation of the digital economy should be done in such a way that does not create flight of capital or investment.” In addition, the ICT industry called for removal of punitive laws that are currently in the social media regulation bill, such as a requirement for bloggers to hold licences, which impedes freedom of expression, as well as taxation of WhatsApp and Facebook group administrators. “The Communication Authority should remove the clause in the social media regulation bill that requires bloggers to pay fees to acquire a licence to operate. This is counterproductive to the business ecosystem,” said Mr Nyamu. In Uganda, punitive social media regulation law resulted in a fall in the number of internet users by three million, after the government called for taxation on the use of social media platforms, the ICT experts pointed out.

Kenya launches new data protection rules

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