DPA_05-GROUNDS FOR PROCESSING OF SENSITIVE PERSONAL DATA

Question 1

What is the definition of sensitive personal data?

Answer 1

Sensitive personal data includes information that reveals
1. racial or ethnic origin,
2. political opinions,
3. religious beliefs,
4. health data, and other specific categories that require special protection.

Question 2

What is required for processing sensitive personal data?

Answer 2

Processing of sensitive personal data is only permitted if it meets specific conditions outlined in the Data Protection Act, such as
obtaining explicit consent or
fulfilling legal obligations.

Question 3

What is the significance of Section 44 in the Data Protection Act?

Answer 3

Section 44 states that no category of sensitive personal data shall be processed unless the conditions for processing outlined in the Act are met.

Question 4

What are the permitted grounds for processing sensitive personal data?

Answer 4

Permitted grounds include
1. explicit consent,
2. necessity for employment law compliance,
3. protection of vital interests, and other specific legal bases as defined in the Act.

Question 5

What does Section 45 of the Data Protection Act address?

Answer 5

Section 45 outlines the conditions under which sensitive personal data may be processed, ensuring that such processing is justified and lawful.

Question 6

What is the role of explicit consent in processing sensitive data?

Answer 6

Explicit consent is a critical requirement for processing sensitive personal data,
1. ensuring that data subjects are fully informed and
2. agree to the processing.

Question 7

How does the Data Protection Act protect health-related data?

Answer 7

The Act includes specific provisions that govern the processing of health-related data, recognizing its sensitivity and the need for additional safeguards.

Question 8

What is the importance of legal obligations in processing sensitive data?

Answer 8

Processing may be necessary for compliance with legal obligations, such as those related to employment or public health, which are recognized as valid grounds under the Act.

Question 9

What does the term “vital interests” refer to in the context of sensitive data processing?

Answer 9

“Vital interests” refers to situations where processing is necessary to protect someone’s life or physical integrity, justifying the handling of sensitive personal data.

Question 10

What are the consequences of unlawful processing of sensitive personal data?

Answer 10

Unlawful processing can lead to legal penalties, including fines and sanctions, as well as potential civil liability for damages caused to data subjects.

Question 11

What is the requirement for data controllers regarding sensitive personal data?

Answer 11

Data controllers must implement appropriate safeguards and ensure that any processing of sensitive personal data complies with the principles set out in the Data Protection Act.

Question 12

How does the Data Protection Act address the processing of sensitive data for research purposes?

Answer 12

The Act allows for the processing of sensitive personal data for research purposes under strict conditions, ensuring that the rights of data subjects are protected.

Question 13

What is the significance of data minimization in processing sensitive data?

Answer 13

Data minimization ensures that only the necessary amount of sensitive personal data is collected and processed, reducing the risk of harm to data subjects.

Question 14

What does the term “explicit consent” entail?

Answer 14

Explicit consent requires a clear and affirmative action from the data subject, indicating their agreement to the processing of their sensitive personal data.

Question 15

How does the Data Protection Act ensure accountability in processing sensitive data?

Answer 15

The Act mandates that data controllers demonstrate compliance with data protection principles and maintain records of processing activities involving sensitive data.

Question 16

What is the role of data protection impact assessments (DPIAs) in processing sensitive data?

Answer 16

DPIAs are required when processing sensitive personal data is likely to result in a high risk to the rights and freedoms of data subjects, helping to identify and mitigate risks.

Question 17

What are the implications of transferring sensitive personal data outside Kenya?

Answer 17

Transferring sensitive personal data outside Kenya is restricted unless adequate data protection safeguards are in place or explicit consent is obtained from the data subject.

Question 18

What is the importance of training for employees handling sensitive personal data?

Answer 18

Training ensures that employees understand the legal requirements and best practices for handling sensitive personal data, promoting compliance and data security.

Question 19

How does the Data Protection Act address the processing of sensitive data in emergencies?

Answer 19

The Act provides provisions for processing sensitive personal data in emergencies, such as medical situations, where immediate action is necessary to protect individuals.

Question 20

What is the significance of maintaining records of processing activities for sensitive data?

Answer 20

Maintaining records helps demonstrate compliance with the Data Protection Act and provides transparency regarding how sensitive personal data is handled.

Question 21

What is the definition of “data subject”?

Answer 21

A data subject is an identified or identifiable natural person whose personal data is being processed.

Question 22

What does “processing” refer to in the context of personal data?

Answer 22

Processing refers to any operation or set of operations performed on personal data, including collection, storage, use, and deletion.

Question 23

What is the purpose of the Data Protection Act?

Answer 23

The purpose of the Data Protection Act is to protect the privacy of individuals by regulating the processing of personal data.

Question 24

What is the role of the Data Commissioner?

Answer 24

The Data Commissioner oversees the enforcement of the Data Protection Act, ensuring compliance and protecting data subjects’ rights.

Question 25

What does “lawful processing” mean?

Answer 25

Lawful processing means that personal data is processed in accordance with the legal requirements set out in the Data Protection Act.

Question 26

What is the significance of “data protection by design”?

Answer 26

Data protection by design requires that data protection measures are integrated into the development of processing activities and systems from the outset.

Question 27

What is the “right to erasure”?

Answer 27

The right to erasure allows data subjects to request the deletion of their personal data under certain conditions, such as when it is no longer necessary.

Question 28

What does “data portability” entail?

Answer 28

Data portability allows data subjects to obtain and reuse their personal data across different services, facilitating the transfer of data.

Question 29

What is the importance of “transparency” in data processing?

Answer 29

Transparency ensures that data subjects are informed about how their personal data is collected, used, and shared, fostering trust and accountability.

Question 30

What is the “right to object”?

Answer 30

The right to object allows data subjects to challenge the processing of their personal data in certain circumstances, particularly for direct marketing purposes.

Question 31

What does “automated decision-making” refer to?

Answer 31

Automated decision-making involves making decisions about individuals based solely on automated processing of their personal data, without human intervention.

Question 32

What is the significance of “data breach notification”?

Answer 32

Data breach notification requires data controllers to inform affected individuals and the Data Commissioner about breaches that may impact personal data security.

Question 33

What is the role of “safeguards” in processing sensitive data?

Answer 33

Safeguards are measures put in place to protect sensitive personal data from unauthorized access, loss, or damage during processing.

Question 34

What does “explicit consent” require from data subjects?

Answer 34

Explicit consent requires that data subjects provide clear and specific agreement to the processing of their sensitive personal data, often through a written statement.

Question 35

What is the “principle of purpose limitation”?

Answer 35

The principle of purpose limitation states that personal data should only be collected for specified, legitimate purposes and not further processed in a manner incompatible with those purposes.

Question 36

What is the “principle of data minimization”?

Answer 36

The principle of data minimization requires that only the minimum amount of personal data necessary for a specific purpose is collected and processed.

Question 37

What does “accountability” mean in the context of data protection?

Answer 37

Accountability means that data controllers are responsible for complying with data protection laws and must demonstrate their compliance through documentation and practices.

Question 38

What is the significance of “third-party processors”?

Answer 38

Third-party processors are entities that process personal data on behalf of a data controller, and they must comply with the same data protection obligations.

Question 39

What is the “right to access”?

Answer 39

The right to access allows data subjects to request and obtain confirmation of whether their personal data is being processed and access to that data.

Question 40

What does “sensitive personal data” require in terms of processing conditions?

Answer 40

Sensitive personal data requires stricter conditions for processing, including obtaining explicit consent or fulfilling specific legal obligations.