Data Commissioner Calls for Stricter Penalties to Enforce Compliance with Data Protection Act
“There is an urgent need for our members of parliament through the National Assembly to introduce stiffer penalties and fines for institutions that fail to adhere to the provisions of data protection in the country,” Kassait
Data Commissioner Immaculate Kassait addresses the media in Eldoret, emphasizing the critical role of data protection in fostering trust, safeguarding privacy, and driving Kenya's digital and economic transformation
The National Assembly has been urged to introduce stricter laws to strengthen penalties and fines imposed on public and private institutions that fail to comply with the Data Protection Act, 2019.
Speaking in Uasin Gishu County yesterday, Data Commissioner Immaculate Kassait stressed that current penalties for violations of the Act are too lenient.
“There is an urgent need for our members of parliament through the National Assembly to introduce stiffer penalties and fines for institutions that fail to adhere to the provisions of data protection in the country,” Kassait stated.
She noted that enhanced penalties would deter institutions from sharing personal data without consent, safeguarding citizens’ rights.
Kassait made the remarks during the 4th Data Privacy Day conference held at Eldoret Sports Club, attended by Uasin Gishu County Commissioner Eddyson Nyale and Metrofile Managing Director Jacklyne Mburu, among others.
Jacklyne Mburu, representing Metrofile—a company offering end-to-end solutions for information and data management—emphasized the urgent need for public awareness about data protection.
“Data is like currency, and Kenyans should learn to protect it,” Mburu said. “Data includes any personal information, such as mobile phone numbers and ID numbers, which many Kenyans give freely to different entities. This underscores the need to sensitize Kenyans about protecting their own data and making them aware of legal remedies in case of misuse of their personal information.”
The Data Commissioner disclosed that her office has received 6,817 complaints from institutions across the country since the enactment of the Data Protection Act, resolving 6,516 of these cases.
“My office has taken swift action on these complaints by issuing 195 determinations, 100 enforcement notices, and 12 penalty notices to ensure data controllers and processors comply with data protection regulations,” Kassait explained.
She also announced plans to decentralize services, including opening a regional office in Eldoret at Daima Towers along the Eldoret-Nakuru Highway.
“We are determined to establish operations in all 47 counties to serve as focal points for data protection services in the respective devolved units, providing support to individuals and organizations in complying with the Data Protection Act and related laws,” Kassait stated.
Both Kassait and Mburu underscored the importance of educating the public on the value of data protection, calling for increased engagement with stakeholders to raise awareness and strengthen compliance.
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