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The Data Protection Bill, 2018
THE DATA PROTECTION BILL, 2018
A Bill for
AN ACT of Parliament to give effect to Article 3 1(c)
and (d) of the Constitution; to promote the
protection of personal data; to regulate the manner
in which personal data may be processed; to
provide persons with rights and remedies to
protect their personal data; and to regulate the
flow of personal information across the borders of
the country; and for connected purposes.
ENACTED by the Parliament of Kenya, as followsPART I—PRELIMINARY
This Act may be cited as the Data Protection Act,
Short title.
2018.
In this Act
"agency" means a person who collects or processes
personal data;
"Cabinet Secretary" means the Cabinet Secretary
responsible for information and communications;
"Commission" means the Kenya National
Commission on Human Rights established by section 3 of
the Kenya National Commission on Human Rights Act;
"Court" means the High Court or any other court with
jurisdiction under any law to adjudicate over matters
relating to data protection;
"data" means information which is processed by means of equipment operating
automatically in response to instructions given for
that purpose;
is recorded with the intention that it should be
processed by means of such equipment;
is recorded as part of a relevant filing system or
with the intention that it should form part of a
relevant filing system;
where it does not fall under paragraph (a), (b) or
(c), forms part of an accessible record; or
is recorded information which is held by a public
entity and does not fall within any of paragraphs
(a) to (d);
Interpretation.
No. 14 of 2011.