The Kenya Data Protection Act (DPA) of 2019 provides guidelines on the collection, use, processing, and storage of personal data in Kenya. The act applies to all individuals and organizations that process personal data, including schools. The following are some of the key provisions of the Kenya Data Protection Act 2019 that are relevant in a school setting:
Appointment of a Data Protection Officer (DPO): Under Section 5 of the act, schools are required to appoint a Data Protection Officer who will be responsible for ensuring compliance with the data protection laws.
Data Protection Principles: Schools are required to adhere to the data protection principles outlined in Section 25 of the act. These principles include obtaining consent from data subjects, ensuring data accuracy, limiting data collection to what is necessary, and implementing appropriate security measures to protect personal data.
Collection of Personal Data: Schools must obtain consent from parents or guardians before collecting personal data of students under the age of 18. This is outlined in Section 25 (1) (d) of the act.
Processing of Sensitive Data: Schools are prohibited from processing sensitive personal data, such as health or biometric data, without explicit consent from the data subject or legal guardians. This is outlined in Section 42 of the act.
Data Breach Notification: Schools are required to report any data breaches to the relevant authorities and the affected data subjects within 72 hours of becoming aware of the breach. This is outlined in Section 37 of the act.
Cross-border Data Transfers: Schools must ensure that personal data is transferred to countries that provide adequate data protection standards. This is outlined in Section 25 (1) (f) of the act.
- appoint a Data Protection Officer,
- adhere to data protection principles,
- obtain consent before collecting personal data,
- protect sensitive data, report data breaches,
- ensure cross-border data transfers comply with the law.
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