About

The Data Protection Case Law Library aims to provide legal professionals, researchers, and the public with easy access to comprehensive data protection case law resources. The Library features a vast collection of judicial decisions, determinations, legal analyses, and regulatory updates.

About Case Law Library

Welcome to the Data Protection Case Law Library!

In recent years, the digital landscape has seen a surge in solutions offered by businesses and an increased adoption of digital platforms by governments in East Africa. This growth has been accompanied by an increased use of personal data, requiring the adoption of data protection laws and regulations. Consequently, the implementation and enforceability of data protection regulations are observed through determinations emanating from upholding the right to privacy.

Data Protection Case Law Library is dedicated to tracking the compliance and implementation mechanisms observed through data protection case law and emanating precedence to ensure the protection of citizens' rights, compliance with legislation, and a broader understanding of data protection and privacy in the ever-evolving digital landscape. Our primary goal is to contribute to the body of evidence that informs policy decisions related to data protection, data bias, open data, and other data governance issues, with a particular focus on matters relevant to Kenyan and the wider global majority.

The case law library, an extension of our research outputs, seeks to add valuable insights to the ongoing debates on data governance at local, national, and continent-level discussions. The current focus is on data protection and privacy, specifically on the implementation and enforcement of data protection laws within the region and on providing commentary on the formulation of data protection regulations.

Except where otherwise noted, the content on our site is licensed under a Creative Commons Attribution 4.0 International license. Feel free to explore our collection of case law, research articles, and FAQs to stay informed on the latest developments in data protection.

LAWS

CASES

COMPLAINTS

NOTICES

Frequently Asked Questions

Frequently Asked Questions

A data subject is a natural person who is the subject of personal data held by a controller and who can be identified, directly or indirectly, through that personal data.

Each data subject has the right:

  • to be informed whether or not his or her personal data is being processed,
  • to request information about the processing, if data has been processed,
  • to be informed of the purpose of the processing and whether the data is being used in accordance with those purposes,
  • to be informed about third parties who receive personal data in Kenya and abroad,
  • to request the rectification of incomplete or inaccurate processed data, and
  • to request the erasure or destruction of personal data.

Data processing refers to any operation performed on personal data, either entirely or partially, automatically or manually. This includes collection, recording, storage, preservation, modification, revision, disclosure, transmission, assignment, making available, classification, or prevention of use.

Data controller: is a natural or legal person who determines the purposes and means of personal data processing and is accountable for the data filing system's establishment and administration.

Data processor: is a natural or legal person that processes personal data on the basis of a data controller's authorization.

The data controller or processor is required to provide the following information: the purpose of the processing, the recipients of the processed data and the purpose of the transfer, the method used to collect personal data and its legal basis, and any other rights granted to the data subject by law.

The principles governing data processing are as follows: it must be processed fairly and lawfully, it must be accurate and up to date, it must be processed for specified, explicit, and legitimate purposes, it must be adequate, relevant, and not excessive in relation to the purposes for which it is processed, and it must be retained for the duration specified by law or for no longer than is necessary for the subsequent processing.

A Data Protection Impact Assessment can be used to identify and mitigate high risks associated with data processing that may impact the rights and freedoms of data subjects.