Children & Vulnerable Groups Data Handling Flashcards
What are the key principles for processing children’s data under the Kenyan Data Protection Act?
- Parental/Guardian Consent: Consent must be obtained from the child’s parent or guardian before processing their personal data.12 <br></br> - Best Interests of the Child: The processing must be conducted in a manner that protects and advances the child’s rights and best interests.12 <br></br> - Age Verification: Data controllers must implement mechanisms to verify the age of children and ensure they have the capacity to consent.2
What are some additional safeguards required when processing the personal data of children?
Civil registration entities must ensure that: <br></br> - The child is present during processing where required.3 <br></br> - Unauthorized access to the child’s data is prohibited.3 <br></br> - Systems and processes are designed to safeguard the child’s best interests.3 <br></br> - Risks and consequences of processing are identified, and appropriate safeguards are put in place.3 <br></br> - Profiling of children related to direct marketing is prohibited.4 <br></br> - Parents/guardians are informed about the risks and safeguards.4
Can a data controller process a child’s personal data without parental consent in any situation?
Yes, but only in limited circumstances. For instance, if the data controller exclusively provides counselling or child protection services to the child, they may not be required to obtain parental consent.5
What information relating to children is considered a notifiable data breach?
Any information that identifies, or is likely to lead to the identification of, a data subject who is a child in conflict with the law or in need of care and protection is classified as a notifiable data breach.67
What specific obligations does the Kenyan Constitution place on the handling of children’s data?
Article 53(2) of the Constitution of Kenya states that a child’s best interests are of paramount importance in every matter concerning the child. This applies to the processing of children’s personal data as well.8
What should a data controller do if uncertain about the relationship between a person seeking to exercise a child’s data rights and the child?
If a data controller or data processor has doubts about the authorization of a person claiming to act on behalf of a child, they can restrict the request until evidence confirming the relationship is provided.4
What is the importance of “Data Protection by Design or Default” when handling children’s data?
The Data Protection Act emphasizes implementing “Data Protection by Design or Default.” This means that data protection mechanisms must be embedded in the processing from the outset. When handling children’s data, this is particularly crucial to ensure that their privacy and rights are protected throughout the entire data lifecycle.9
Provide specific examples of how “Data Protection by Design or Default” can be applied to protect children’s data.
- Minimizing Data Collection: Only collect the minimum necessary data from children, and avoid unnecessary collection or retention.10 <br></br> - Pseudonymization and Anonymization: Use techniques like pseudonymization or anonymization to protect children’s identities when possible.10 <br></br> - Age-Appropriate Information: Ensure that privacy notices and consent requests are written in a language that children can understand.11
What legal basis is required to process the personal data of a child in Kenya?
Consent from the child’s parent or guardian is mandatory. The processing must also be conducted in a manner that protects and advances the child’s rights and best interests.1 Data controllers and processors are obligated to incorporate age verification and consent mechanisms.1
Are there any exceptions to the requirement of parental consent when processing a child’s data?
Yes, but only in specific circumstances. If a data controller or data processor exclusively provides counselling or child protection services to a child, they may not be required to obtain parental consent.2
What additional considerations apply when processing personal data related to children?
The best interests of the child must be paramount. Civil registration entities are obligated to: <br></br> - Ensure the child’s presence during processing where required.3 <br></br> - Prohibit unauthorized access to the child’s data.3 <br></br> - Design systems and processes that safeguard the child’s best interests.3 <br></br> - Identify risks and consequences of processing and implement appropriate safeguards.3 <br></br> - Prohibit the profiling of children for direct marketing purposes.4 <br></br> - Inform parents or guardians about the risks and safeguards.4
What specific types of information concerning children are classified as notifiable data breaches?
Any information that identifies, or could lead to the identification of, a child in conflict with the law or in need of care and protection is a notifiable data breach.56
How does the Kenyan Constitution address the handling of children’s data?
Article 53(2) of the Kenyan Constitution emphasizes that a child’s best interests are paramount in all matters concerning the child. This principle extends to the processing of children’s personal data.7
What actions can a data controller take if they are unsure about the relationship between someone claiming to exercise a child’s data rights and the child?
If there are doubts about the authorization of a person claiming to act on behalf of a child, the data controller or data processor can restrict the request until evidence confirming the relationship is provided.4
Explain the significance of “Data Protection by Design or Default” when handling children’s data.
“Data Protection by Design or Default” is a core principle of the Kenyan Data Protection Act. It mandates that data protection mechanisms be embedded into processing activities from the very beginning. This is especially critical when handling children’s data to safeguard their privacy and rights throughout the data lifecycle.8
