According to the Black’s Law Dictionary, technology can be defined as ‘information application to design, production and utilisation of services and goods and organizing human activities.’ A literal analysis of this definition mirrors the tremendous impact that technology has had on the modern world. The advent of technology resulted in rapid industrialisation of countries, as well as, accelerated the flow of information and communication of people to unprecedented levels. The increase in technological advances has not been all positives. There are notable cyber security challenges that have shaken the world in recent times. Of great concern have been privacy issues, hacking and misuse of personal data. The world over, nations have continually enacted laws and introduced legal mechanisms to minimise the risk of citizens falling victims of cybercrime in its many forms. The Kenyan legislature recently enacted the Data Protection Act, 2019 (the “Act”) which gives effect to Constitutional clauses that provide for the right to privacy. The Act not only defines what falls within the realms of personal data, but also addresses critical issues such as the compulsory obtaining of express consent from a data subject before processing his or her personal data.
The Act also stipulates guiding principles that must be adhered to in relation to data processing. Some of these include the prohibition of transferring data outside Kenya unless there is proof of consent from the data subject and a guarantee of adequate data protection. The Act also stipulates
a penalty for non-compliance…
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