DATA COMMISSIONER URGES REGISTRATION OF REGULATORS AND ASSOCIATIONS TO STRENGTHEN  DATA PROTECTION

The subject of data privacy and its protection has become an urgent problem in an era when everything is changing quickly through technology. Certain developments that are taking place within our society can be attributed to data driven technologies. In light of these events, the Office of the Data Protection Commissioner (ODPC) in Kenya has recently asked all agencies and associations dealing with personal information to register themselves as such. This would ultimately lead to ensuring adherence to laws on data protection as well as safeguarding private details from unauthorized access.

This call by the Data Commissioner is based on the Data Protection Act of 2019 that gave mandate for establishment of the ODPC, which is responsible for overseeing compliance with data privacy laws. The purpose of this paper is to analyze why there is a need for registration and its implications on regulators, associations and members of the public at large.

• Strengthening Accountability and Compliance

The Data Commissioner has called for registration to hold people accountable and ensure they are in line with the provisions of the Data Protection Act. It is only through registration that regulators and associations can show that they obey the law when it comes to collecting, keeping, storing and using private information about others. This will enhance transparency in managing personal information and ensure lawfulness on part of organizations handling sensitive information.

This process would also help ODPC keep an eye on organizations as well as regulators closely so that it can act if there is any form of disobedience. Moreover, by this registration process, such institutions can be guided by proper policies and preventive measures against unwarranted access or abuse of individual’s data thus preventing further sufferings.

• Strengthening Data Security
  During these days of digital revolution data breach has emerged as a threat of growing concern. For individuals it may lead to severe consequences including monetary loss or impersonation. ODPC wants to ensure that firms employ sound data security measures through having them register with regulators and associations.
  
  The regulators and associations will inform what they have done to protect the personal information during their registration process. Such measures include encrypting data, putting access controls into place, and conducting frequent audits on how data is managed. By having such standards, ODPC is determined to lower cases of data breaches while ensuring safety for personal details at large.

• Safeguarding the rights of data subjects
  
  Ensuring the protection of privacy, access to personal information is among the other fundamental principles enshrined in the Data Protection Act. To ensure this, the registration of regulators and associations is undertaken in order to make them aware of their obligation to data subjects and thereby safeguarding their rights.
  
  Organizations that register with ODPC will be required to put in place mechanisms that allow individuals access to their data, request for corrections or deletion of certain circumstances. It is very important for data subjects themselves to be empowered as far as personal information is concerned so that it can be properly managed and retained under one’s control.
  
  For example, where an individual thinks that he/she has been mistaken concerning his/her own particulars upon registration at ODPC office, there is a provision for complaining there. Registered organizations would like have procedures for dealing with such complaints promptly and fairly thus safeguarding individual rights.

• Supporting Regulations for Specific Sectors

Moreover, the Data Commissioner has called for registration in order to facilitate records managing on sector-specific regulations. Each industry has its own way of handling personal data due to the nature of their activities. For example, banks gather private information about the customers’ finances while health institutions deal with medical information which is extremely delicate.

By registering specific sector regulators and associations, ODPC can apply its supervision to the particular threats and challenges of these sectors. This ensures that regulations are not only applicable but also efficient thus resulting in improved data protection measures.