DPA_01-PRELIMINARY Flashcards
What is the title of the Act discussed in PART I?:
The Data Protection Act, 2019.
What is the primary objective of the Data Protection Act, 2019?:
To give effect to Article 31(c) and (d) of the Constitution of Kenya regarding the protection of personal data.
When was the Data Protection Act enacted?:
The Data Protection Act was enacted in 2019.
What does the term ‘data subject’ refer to in the context of the Act?:
A data subject refers to an individual whose personal data is being processed.
What is a ‘data controller’?:
A data controller is a person or entity that determines the purposes and means of processing personal data.
What is a ‘data processor’?:
A data processor is a person or entity that processes personal data on behalf of the data controller.
What is the significance of Article 31 of the Constitution in relation to the Act?:
Article 31 protects the right to privacy, which the Data Protection Act aims to uphold by regulating personal data processing.
What does the term ‘processing’ encompass under the Act?:
Processing includes any operation or set of operations performed on personal data, such as collection, storage, use, and dissemination.
What is the role of the Office of the Data Protection Commissioner?:
The Office is established to oversee the implementation of the Data Protection Act and ensure compliance with data protection laws.
What is the scope of the Data Protection Act?:
The Act applies to the processing of personal data by data controllers and processors established in Kenya or processing data of individuals located in Kenya.
What is the importance of defining ‘personal data’ in the Act?:
Defining ‘personal data’ clarifies what information is protected under the Act, ensuring individuals’ privacy rights are upheld.
What does ‘consent’ mean in the context of the Data Protection Act?:
Consent refers to the voluntary agreement of a data subject to the processing of their personal data for specific purposes.
What is the significance of the term ‘legitimate interests’ in data processing?:
‘Legitimate interests’ can serve as a legal basis for processing personal data, provided it does not override the rights of the data subject.
How does the Act define ‘sensitive personal data’?:
Sensitive personal data includes information that reveals racial or ethnic origin, political opinions, religious beliefs, health data, and other specific categories requiring higher protection.
What is the purpose of the preliminary provisions in the Data Protection Act?:
The preliminary provisions set the foundation for the Act, defining key terms and establishing the legal framework for data protection in Kenya.
