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Data Protection Training – Why You Need It

In November 2019, Kenya enacted the Data Protection Act (DPA). The Act sets up a framework for data processing activities in the country and creates obligations for data processors and controllers. Although the DPA makes no explicit requirement for data protection training, it is imperative for any organisation processing data to strive towards a data protection culture within the whole organisation. The increase in data processing activities necessitates the need for businesses and organizations to educate themselves about the sensitive nature of personal data. As such, training employees, clients and all other people who come into contact with data is critical to ensuring complete compliance with the DPA.

Traditionally, data-related issues have been the responsibility of the information technology (IT) department. However, experience from data security shows that humans truly are the weakest link – far more often than not, security breaches occur as a result of human error rather than malicious attacks. When employees are unaware of the risks, they are more likely to make costly errors or become victims of malicious attacks, which can have a negative impact on the business or organization. All employees, regardless of the size of the business or organization, should receive data protection training, as they interact with data on a daily basis in one way or another.

Data protection training encompasses a broad range of issues. In the case of Kenya for example, it is important for all persons in an organisation to understand the basics of the Data Protection Act. Employees can also be made aware of how the organisation applies the Act in its operations. Specific issues that could be covered in training include:

  • Definition of concepts
    This will enable a working knowledge of personal data, its processing, and the data subject’s rights. Additionally, when data processing activities occur, why they should be protected, as well as what constitutes an overreach. The DPA clearly defines the concepts and sets out the conditions under which data should be processed, governed and managed.
  • Principles of data protection
    Section 25 of the DPA establishes the following fundamental principles in data processing: lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability. These principles must govern all data processing activities. Consistent application of these principles is a necessary component of sound data protection practice and compliance with the DPA provisions.
  • Data Protection Impact Assessment (DPIA)
    Section 31 of the DPA defines DPIA as an activity that is used to investigate, identify, and mitigate potential risks associated with data processing, particularly when the data processing involves high risk. Businesses and organizations should understand when a DPIA is necessary and how to conduct one. While the process may appear complex, it can be simplified to make it more understandable to businesses and organizations.
  • Cross-border transfer of data
    Part VI of the DPA requires data controllers or processors who wish to transfer personal data outside of Kenya to demonstrate appropriate safeguards and to submit evidence that the recipient countries have commensurate data protection laws. To ensure that this is done correctly within a business or an organization, personnel must be properly trained on local and international laws, as well as principles on the international transfer of personal data.
  • Data governance
    Data governance refers to models and measures that define who has the authority to do what with what data, when, where, and how. Data governance training enables a better understanding of the roles, responsibilities, and processes required to ensure an organization’s or business’s accountability and ownership of data, which is critical for data protection.
  • Cybersecurity and cyber hygiene
    This includes practising good cyber hygiene, password security, avoiding fraud attempts e.g. phishing scams, and what to do in the event of an error.

Compliance with the Data Protection Act is complex, and it requires organisations as well as data protection practitioners to enhance their capacity to respond to emerging issues in data protection. Data protection advocates are therefore developing resources to help small and medium enterprises and non-governmental organisations in Kenya to comply with the Act. These include manuals on specific aspects of the Act as well as training courses tailored for these organisations. It is hoped that such resources will help in building a culture of data protection, and also contribute to local perspectives on privacy and data protection.

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.