Technology firms like Facebook, Twitter, and Google will be under the government’s watch for their handling of personal data belonging to Kenyans.
Appearing before the National Assembly’s ICT committee, the nominee for the position of Data Protection Commissioner, Immaculate Kassait said the multinational technology companies will be held liable for the use of data belonging to Kenya or Kenyans whether they operate locally or outside the country.
The data protection law, approved last year, laid guidelines on how personally identified data obtained by firms and government entities are handled, stored, and shared.
The Data Protection Act 2019 authorizes the commissioner sweeping powers on the investigation of data breaches. This includes powers of entry and search and injecting administrative fines.
“Even if they are internationally based companies and as long as they have data about Kenya, they have the responsibility to adhere to laws of Kenya,” Kassait said.
In 2018 Facebook said personal data of up 87 million users may have been improperly shared with political consultancy Cambridge Analytica.
The London-based Cambridge Analytica was involved in the campaigns for Kenyan President Uhuru Kenyatta in the 2013 and 2017 elections.
Data protection laws require that a data controller or technology firm to notify the commissioner where personal records have been accessed or required by unauthorized persons.
Offenses under the Act can lead to a fine up to Sh5 million and or imprisonment for a term not exceeding 10 years or both.
The commissioner establishes and keeps a register of data controller for oversight.
Kassait, the current director of voter education at the Independent Electoral and Boundaries Commission (IEBC) told the National Assembly that multinational tech companies such as Twitter, Facebook, and Google would have to adhere to the law.
“We will investigate and give penalties where necessary. The Data Commissioner is supposed to enforce the law and it will be my role to do that,” she told the vetting panel.
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According to Kassait, Kenyans have rights to portability where they can move, copy, or transfer personal data easily from one IT environment to another. She further said they can ask firms like mobile phone-based lenders and others how their data is stored or used.
“You can ask Google how much information they hold about you, where they store, and whether it is it accurate,” she said.
She said if appointed, she will put a regulatory framework in place to ensure that all data, including Huduma Namba data, is secured.
