Data Policy and Governance Centre

In recent years, there has been an explosion of digital solutions offered by businesses as well as an uptick in the uptake of digital platforms by Governments in serving their citizens in the East African region. Along with this has come new legislation to govern this digital sphere. There is a need for independent actors in this landscape that will serve the various sectors in numerous capacities to ensure that citizens’ rights are upheld and the spirit of the legislation is met while also ensuring that innovation is not stifled. The Data Policy and Governance Centre (DPGC) seeks to serve in this capacity.

The long-term goal of the DPGC is to contribute to the body of evidence available for those influencing policy in the areas of data protection, data bias, open data, and other issues pertaining to data governance with a focus on issues relevant to the Global South. All research objectives and outcomes of the centre are designed to be fact-based and politically – neutral. The DPGC aims to add evidence and impartial analysis to the ongoing local, national, and continent-level debates around data. The centre is currently focused on issues of Data Protection and Privacy, specifically on issues of implementation and enforcement of data protection laws within the region, in addition to commenting on the framing of data protection regulations.

Understanding the Law in Upholding Image Rights: Perspectives from Around the World and Kenya

How well do you understand your image rights and the best way to protect your image rights? Read our latest research on understanding your image rights. This report gives a diversified understanding of global and local perspectives on the protections offered to image rights and how to exercise and protect your image in the ever-evolving digital world.

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.

 

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 ...
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Understanding the Law in Upholding Image Rights: Perspectives from Around the World and Kenya

Summary How well do you understand your image rights and the best way to protect your image rights? Read our ...
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Automated Decision-Making Policies in Africa

The ‘Automated Decision Making (ADM) Policies in Africa’ project focused on various regulatory provisions governing automated decision-making in Ghana, Kenya and South Africa. It highlights the transformative potential of ADM systems across various sectors such as finance, healthcare, agriculture, education, and government in the continent. However, while ADM technologies have shown promise in improving efficiency, decision-making, and access to services, there are significant challenges to address, including data availability and quality, infrastructure limitations, biases in algorithms, and concerns regarding data privacy and security. The project therefore emphasises the importance of developing appropriate regulatory frameworks, promoting collaboration for data sharing, enhancing accountability for ADM developers and data processors, and investing in capacity building and upskilling to ensure responsible and inclusive adoption of ADM systems in Africa.

Dashboard

 

Report

AUTOMATED DECISION-MAKING POLICIES IN AFRICA

Summary The rapid advancement of technology has increased the use of Automated Decision-Making (ADM) systems in various sectors such as ...
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Commercial Use of Personal Data (direct marketing) in Kenya.

The increased use of digital platforms in Kenya has changed the way marketing is conducted. Many companies and individuals have embraced direct marketing because it is affordable, enables one to attract new customers fast and one can reach target customers efficiently. The importance of direct marketing to a marketer is that it allows him to promote the product or service directly to his target audience. The availability of various marketing tools and the benefits that accrue with direct marketing has attracted many businesses thus causing many to incorporate the practice in their daily activities. The key outputs of this project were mainly a policy brief and an SME Manual.

The policy brief identifies existing Kenyan laws that are applicable to the practice of direct marketing while identifying any gaps in these legislations and making appropriate policy recommendations based on comparison with other jurisdictions. The approach used involved doctrinal research which was useful in analysing existing Kenyan laws to identify direct marketing provisions. A comparative analysis approach was also employed, and it was useful in formulating appropriate policy recommendations based on the gaps identified.

The findings from the policy brief indicate that:

    • Kenya already has four laws that are applicable to the practice of direct marketing.
    • Key definitions which are fundamental ingredients of direct marketing are not included in the legislations analysed.
    • The existence of big data has transformed how marketing is conducted.
    • External jurisdictions have tried to protect data subjects in the commercial use of personal data.
    • Numerous jurisdictions have updated their privacy laws and subsequently included direct marketing provisions to protect consumer data and measure up with global marketing privacy standards.

The SME Manual defines key terms essential for direct marketing, discusses what direct marketing entails and provides an in-depth analysis of relevant provisions of the Kenyan laws applicable to direct marketing that SMEs should be aware of. The Manual is meant to inform SMEs of the legal and regulatory landscape that govern the commercial use of personal data. It is also designed to enable SMEs grasp fundamental terminologies involved in direct marketing and the data protection requirements they are supposed to comply with when engaging in direct marketing practices. For compliance purposes, the manual contains a checklist formulated in accordance with the Data Protection Act 2019 and the Data Protection General Regulations 2021 that will enable marketers to comply with the law and avoid sending unsolicited communication to potential customers.

 

COMMERCIAL USE OF PERSONAL DATA (DIRECT MARKETING) IN KENYA – SMALL AND MEDIUM-SIZED ENTERPRISES (SME) MANUAL

Summary SMEs (small and mid-size enterprises) play a crucial role in job creation and contribution towards the Gross Domestic Product ...
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Options for the Review of Commercial Use of Personal Data (Direct Marketing) Laws in Kenya

Options for the Review of Commercial Use of Personal Data (Direct Marketing) Laws in Kenya Summary The increased use of ...
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Advancing the Governance of Data for Development in Africa – Strengthening Regional Integration and National Capacity in the Provision of Government Digital Services.

About the Project

This project, in collaboration with partners such as Research ICT Africa (RIA) and Local Development Research Institute (LDRI), will advance the governance and use of data for democratic, inclusive and equitable development in Africa. On the basis of a research agenda that provides an evidence base to harness the potential of digitalisation and datafication while mitigating the risks, it will contribute to progressive digital policy on the continent. This will entail supporting the development of an enabling environment with capable institutions for equitable and inclusive participation of all African people in the digital public sphere and as beneficiaries of public and private data value creation on the continent – particularly the large number of those at the intersections of multiple inequalities, such as women, the unemployed, migrants and refugees.

CIPIT’s core objectives include conducting surveys with institutional partners to understand challenges in governing digital and biometric ID data, particularly in implementing existing frameworks. The project also focuses on developing capacity-building tools and curricula for both State and non-State actors, including data protection authorities, and delivering regional capacity development courses.

Mapping of Automated Decision Making (ADM) in African Countries

The rapid advancement of technology has increased the use of Automated Decision Making (ADM) systems in various sectors. These refer to using algorithms, machine learning, and artificial intelligence (AI) systems to make decisions or assist in decision-making processes. This project mapped the various applications of Automated Decision Making (ADM) systems in Africa, in the fields of agriculture, education, finance, healthcare and public administration. The project also mapped countries with legal provisions governing ADM, in recognition of the fact that while these systems can improve efficiency and decision-making, they also raise concerns about bias, accountability, and privacy rights.

Data Governance in Africa

The aim of the Data Governance Resource Centre (DGRC) is to contribute to the body of evidence available for those influencing policy in data protection, data bias, open data, & other issues pertaining to data governance with a focus on issues relevant to the Global South, in particular Africa. In response to this overarching aim the DGRC has embarked on a Data Governance Principles Project that will provide introductory and background information on what Data Governance is in the global context as well as in Africa. The research collates studies on data governance that have already been conducted, as well as provide understanding of data governance from both theory and practice by engaging with stakeholders within data governance on the continent.

As a result of the mapping and engagement with Stakeholders the DGRC visually represents the Regulators across the continent that provide for the regulation of both personal and other data. These regulators include Data Protection Regulations and Other Regulators tasked with regulating the provision of electronic communication services and products, sets standards for the ICT sector and protecting the rights and interests of consumers, service providers, suppliers, and manufacturers. This stakeholder map can be used to analysed and understand which regulators are involved in and responsible for the governance of data, development of policies for the governance of data and handling of complaints in relation to the governance of data.

Reports

The Applications, Challenges and Regulation of Automated Decision-Making (ADM) in Africa

Report Summary This report critically examines how Automated Decision-Making (ADM) technologies are reshaping various sectors across the African continent. As ...
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Data Deserts in Kenya: The Search for an Oasis

The report titled Data Deserts in Kenya: The Search for an Oasis addresses the digital divide in Kenya, which disproportionately impacts vulnerable ...
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Understanding the Law in Upholding Image Rights: Perspectives from Around the World and Kenya

Summary How well do you understand your image rights and the best way to protect your image rights? Read our ...
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Understanding Cybersecurity and Data Protection in Mauritius, Kenya, and Zimbabwe

Summary Data governance relies heavily on security. However, due to a lack of precise definitions in legislation, there is frequent ...
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The Digital Era and Data: Considerations for National Statistical Office (NSOs) in the Digital Data Ecosystem

This report focuses on the digital transformation in National Statistical Offices (NSOs) in the digital era, focusing on changes in ...
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Contextualising Political Advertising Policy to Political Micro-Targeting in Kenyan Elections

Summary The changing nature of election campaigns in Kenya over the years fuelled an investigation as to how data driven ...
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Privacy Score Card Report

Together with Unwanted Witness (UW) the Center for Intellectual Property and Information Technology Law (CIPIT) contributed to towards the 2022 ...
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Data Governance Principles Research & Development Project

Summary Digitalisation has resulted in increased data collection which forms an integral role in various industries and day-to-day activities thus ...
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DATA PROTECTION IN THE KENYAN BANKING SECTOR

Executive Summary Banking institutions, as with many other entities, are increasingly handling personal data owing to an increased use of ...
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Policy Briefs

Empowering Online Voices: A CYRILLA Policy Brief on Freedom of Expression in Sub-Saharan Africa

Summary The CYRILLA policy brief titled “Empowering Online Voices: Freedom of Expression in Sub-Saharan Africa” provides a comprehensive evaluation of ...
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AUTOMATED DECISION-MAKING POLICIES IN AFRICA

Summary The rapid advancement of technology has increased the use of Automated Decision-Making (ADM) systems in various sectors such as ...
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Options for the Review of Commercial Use of Personal Data (Direct Marketing) Laws in Kenya

Options for the Review of Commercial Use of Personal Data (Direct Marketing) Laws in Kenya Summary The increased use of ...
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DATA PROTECTION IN THE PROCESSING OF HEALTH DATA THROUGH EMR SYSTEMS IN KENYA

Summary Electronic Medical Record (EMR) systems have been adopted in Kenya’s health sector to streamline and improve healthcare. Their introduction ...
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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 ...
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Why Data Protection Matters for Development: The Case for Strengthening Inclusion and Regulatory Capacity

A policy note from Centre For Global Development that draws on insights gained from the Governing Data for Development project ...
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Manuals

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 ...
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COMMERCIAL USE OF PERSONAL DATA (DIRECT MARKETING) IN KENYA – SMALL AND MEDIUM-SIZED ENTERPRISES (SME) MANUAL

Summary SMEs (small and mid-size enterprises) play a crucial role in job creation and contribution towards the Gross Domestic Product ...
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Facilitating Privacy Compliance in Nigeria: Key Issues in the GAID Draft 2024

INTRODUCTION Following the introduction of the widely lauded Nigeria Data Protection Act (NDP Act) in June 2023, Nigeria has made ...
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Technology-Facilitated Rights and Digital Authoritarianism: Examining the Recent Internet Shutdown in Kenya

Introduction In the digital age, access to the internet has become a fundamental aspect of daily life, significantly influencing how ...
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