KENYA’S DATA PROTECTION REGIME: CHALLENGES AND FUTURE PROSPECTS

Abstract

In light of the emerging scholarly interest on data protection regimes in developing countries, this article addresses the following fundamental question. What are the challenges and future prospects for the data protection regime Kenya? The article utilizes Robert Cooter’s Theory of market modernization of law, which postulates that several forces act as the impetus for the law reform, including the state, market (industry), and the public. The study findings indicate that the commitment to uphold the primacy of public security, absence of unified supervisory system, inadequate financial resources are some of the challenges of data protection regime in the country. Others include inability of data commissioner to control data processors and data controllers, and potential conflict between the data commissioner and the cabinet secretary. The prospect of the data protection law, the study concludes would depend on the following: ability of policy implementers and enforcers to pay more attention on protecting individuals’ data privacy. There is also ample opportunity for policy implementers and enforcers to learn best practices from countries with data protection regimes.