Health and Data
- CIPIT |
- October 30, 2023 |
Data Protection in the Kenyan Health Sector
Summary
Electronic Medical Record(EMR) systems have been adopted in Kenya’s health sector to streamline and improve healthcare. Their introduction was informed by data complexity, volumes of patients served and the desire to have efficient health information systems. From 2010, their implementation and use was regulated solely by the Standards and Guidelines on the Implementation of EMR systems in Kenya before the enactment of the Data Protection Act(DPA) in 2019. The DPA established new rules and mechanisms for the processing of personal data that were not considered in the formulation of the Guidelines. On this basis, this policy brief sought to compare the Guidelines vis a vis the DPA, identifying gaps in relation to data protection in the processing of health data. An analysis of the findings identified that the Guidelines failed to adequately incorporate data protection principles and fully comply with the DPA's confidentiality and security requirements. Appropriate recommendations are made to address existing gaps in the Guidelines.The information on the policy brief was primarily derived from extensive desktop research and a comparison of the Guidelines and the DPA. This policy brief is intended to inform the Ministry of Health, the Office of the Data Protection Commissioner (ODPC), and other relevant stakeholders in the health sector about the importance of aligning the Guidelines with the DPA's data protection provisions.
Electronic Medical Record(EMR) systems have been adopted in Kenya’s health sector to streamline and improve healthcare. Their introduction was informed by data complexity, volumes of patients served and the desire to have efficient health information systems. From 2010, their implementation and use was regulated solely by the Standards and Guidelines on the Implementation of EMR systems in Kenya before the enactment of the Data Protection Act(DPA) in 2019. The DPA established new rules and mechanisms for the processing of personal data that were not considered in the formulation of the Guidelines. On this basis, this policy brief sought to compare the Guidelines vis a vis the DPA, identifying gaps in relation to data protection in the processing of health data. An analysis of the findings identified that the Guidelines failed to adequately incorporate data protection principles and fully comply with the DPA's confidentiality and security requirements. Appropriate recommendations are made to address existing gaps in the Guidelines.The information on the policy brief was primarily derived from extensive desktop research and a comparison of the Guidelines and the DPA. This policy brief is intended to inform the Ministry of Health, the Office of the Data Protection Commissioner (ODPC), and other relevant stakeholders in the health sector about the importance of aligning the Guidelines with the DPA's data protection provisions.
Developing Data Protection Guidelines For The Health Sector In Kenya
Summary
Kenya adopted the Data Protection Act (DPA) in 2019, fortifying individuals’ right to privacy and strengthening protection of their personal data. The DPA introduced new standards for processing of personal data for which health data is a special category, sensitive personal data. With the continued adoption and use of technology in the Kenyan health sector, it is inevitable that there will be a continued rise in the production and processing of data. Sector specific guidelines on data protection are vital in ensuring the implementation and compliance with the provisions of the act throughout personal data processing activities. This policy brief highlights, the existing laws and policies in the health sector, and the extent to which they provide for data protection highlighting the need for sector specific guidelines. It identifies existing policy gaps and makes recommendations on areas that must be considered in the development of data protection guidelines for the health sector in Kenya.
Kenya adopted the Data Protection Act (DPA) in 2019, fortifying individuals’ right to privacy and strengthening protection of their personal data. The DPA introduced new standards for processing of personal data for which health data is a special category, sensitive personal data. With the continued adoption and use of technology in the Kenyan health sector, it is inevitable that there will be a continued rise in the production and processing of data. Sector specific guidelines on data protection are vital in ensuring the implementation and compliance with the provisions of the act throughout personal data processing activities. This policy brief highlights, the existing laws and policies in the health sector, and the extent to which they provide for data protection highlighting the need for sector specific guidelines. It identifies existing policy gaps and makes recommendations on areas that must be considered in the development of data protection guidelines for the health sector in Kenya.
IMAGE RIGHTS - Release Form Information Pack
Summary
This comprehensive info pack offers an essential guide to understanding and using image rights release forms effectively. Learn about image rights release forms, including what they are, why they are important, how to use them, and common mistakes to avoid. The info pack includes a variety of resources, including sample image rights release forms and tips for drafting and negotiating image rights release agreements.
