Political Parties complaints

Complaints Detail

Complaints

Political Parties complaints

Country: Kenya
Court:
Sources: Social media (Twitter),Official statements from ODPC,Amnesty International
Tags: right to privacy,consent,data controller

In June 2021, Kenyans discovered that they had been involuntarily registered as political party members. This was a flagrant violation of Kenyans' right to form free political parties, which includes the right to join any political party, pursuant to Article 38 of the Constitution of Kenya, as well as a violation of their right to privacy under the Data Protection Act, 2019. As a data controller, the Office of the Registrar of Political Parties (ORPP) is required by the Data Protection Act to ensure that personal data in the Integrated Political Parties Management System (IPPMS) is accurate and adequately protected. Through social media platforms, members of the public lodged complaints against the ORPP and political parties. As of 24 June 2021, the ODPC stated in a statement that they had received more than 200 complaints and would continue to investigate the matter.

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.

A data controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data. On the other hand, a data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.