DPA_06-TRANSFER OF PERSONAL DATA OUTSIDE KENYA

Question 1

What is the primary focus of PART VI of the Data Protection Act?

Answer 1

The primary focus is on the conditions and safeguards for transferring personal data outside Kenya.

Question 2

What is required before transferring personal data out of Kenya?

Answer 2

Conditions for transfer must be met, ensuring adequate data protection safeguards are in place.

Question 3

What does “adequate data protection safeguards” mean?

Answer 3

It refers to measures that ensure the recipient country provides a level of protection for personal data that is comparable to that provided under Kenyan law.

Question 4

What is the role of the Data Commissioner in data transfer?

Answer 4

The Data Commissioner assesses and approves the adequacy of data protection in the recipient country before data can be transferred.

Question 5

What is a “data server” in the context of data transfer?

Answer 5

A data server is a system that stores and processes personal data, which may be located in or outside Kenya.

Question 6

What is the significance of “consent” in transferring personal data?

Answer 6

Consent from the data subject is required for transferring their personal data outside Kenya, ensuring their rights are respected.

Question 7

What are the potential consequences of transferring data without adequate safeguards?

Answer 7

Transferring data without adequate safeguards can lead to
Legal penalties,
Loss of data subject trust, and
potential Data breaches.

Question 8

What is the “principle of accountability” in data transfer?

Answer 8

The principle of accountability requires data controllers to demonstrate compliance with data protection laws when transferring data outside Kenya.

Question 9

What does “processing through a data server or centre in Kenya” imply?

Answer 9

It implies that personal data can be processed in Kenya even if the data is accessed or managed from outside the country, subject to local laws.

Question 10

What is the importance of “data protection impact assessments” in transfers?

Answer 10

Data protection impact assessments help identify and mitigate risks associated with transferring personal data outside Kenya.

Question 11

What is the “right to object” in the context of data transfer?

Answer 11

The right to object allows data subjects to refuse the transfer of their personal data to another jurisdiction under certain conditions.

Question 12

What does “cross-border data flow” refer to?

Answer 12

Cross-border data flow refers to the movement of personal data from one country to another, which is regulated under the Data Protection Act.

Question 13

What is the significance of “binding corporate rules”?

Answer 13

Binding corporate rules are internal policies adopted by multinational companies to ensure adequate data protection when transferring data within the organization across borders.

Question 14

What is the “data subject’s right to access” in relation to data transfer?

Answer 14

Data subjects have the right to access their personal data and understand how it is being processed, including any transfers outside Kenya.

Question 15

What are “standard contractual clauses”?

Answer 15

Standard contractual clauses are pre-approved contractual terms that ensure adequate protection for personal data being transferred outside Kenya.

Question 16

What is the “principle of purpose limitation” in data transfer?

Answer 16

The principle of purpose limitation requires that personal data transferred outside Kenya is only used for the specific purposes for which it was collected.

Question 17

What does “data breach notification” entail in the context of international transfers?

Answer 17

Data breach notification requires that data subjects and the Data Commissioner are informed of any breaches that may occur during or after the transfer of their data.

Question 18

What is the “right to erasure” concerning data transferred outside Kenya?

Answer 18

The right to erasure allows data subjects to request the deletion of their personal data, including data that has been transferred outside Kenya, under certain conditions.

Question 19

What is the significance of “legal frameworks” in recipient countries?

Answer 19

Legal frameworks in recipient countries must align with Kenyan data protection standards to ensure that personal data is adequately protected during and after transfer.

Question 20

What is the “data controller’s responsibility” when transferring data?

Answer 20

The data controller is responsible for ensuring that any transfer of personal data complies with the Data Protection Act and that adequate safeguards are in place.

Question 21

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

Answer 21

Sensitive personal data includes information that, if disclosed, could lead to significant harm or distress to the data subject, such as health information or biometric data.

Question 22

What is the “principle of data minimization”?

Answer 22

The principle of data minimization requires that only the personal data necessary for the intended purpose is transferred, reducing the risk of exposure.

Question 23

What is meant by “legitimate interests” in data transfer?

Answer 23

Legitimate interests refer to the reasons a data controller may have for transferring data, provided they do not override the rights of the data subjects.

Question 24

What is the “right to data portability”?

Answer 24

The right to data portability allows data subjects to obtain and reuse their personal data across different services, including during transfers.

Question 25

What is the “impact of international agreements” on data transfer?

Answer 25

International agreements can establish frameworks for data protection and facilitate safe data transfers between countries.

Question 26

What does “data processing agreement” entail?

Answer 26

A data processing agreement is a contract between the data controller and data processor that outlines the terms of data processing, including transfers.

Question 27

What is the “role of third-party processors” in data transfers?

Answer 27

Third-party processors must comply with data protection laws and ensure that any data they handle during transfers is adequately protected.

Question 28

What is “data localization”?

Answer 28

Data localization refers to the practice of storing and processing data within the borders of a specific country, often to comply with local laws.

Question 29

What does “risk assessment” involve in the context of data transfer?

Answer 29

Risk assessment involves evaluating potential risks to personal data during transfer and implementing measures to mitigate those risks.

Question 30

What is the “principle of transparency”?

Answer 30

The principle of transparency requires that data subjects are informed about how their data will be used, including any transfers to other countries.

Question 31

What is “cross-border data transfer impact assessment”?

Answer 31

A cross-border data transfer impact assessment evaluates the implications of transferring data to another country, focusing on compliance and risks.

Question 32

What does “data subject consent” entail for transfers?

Answer 32

Data subject consent must be informed, specific, and freely given, allowing individuals to agree to their data being transferred outside Kenya.

Question 33

What is the “role of supervisory authorities” in data transfers?

Answer 33

Supervisory authorities monitor compliance with data protection laws and can intervene in cases of non-compliance during data transfers.

Question 34

What is “data breach response plan”?

Answer 34

A data breach response plan outlines the steps to be taken in the event of a data breach during or after a transfer, ensuring timely notification and mitigation.

Question 35

What does “enforcement mechanisms” refer to in data transfer?

Answer 35

Enforcement mechanisms are legal tools and processes that ensure compliance with data protection laws during international transfers.

Question 36

What is the “principle of accountability” in data protection?

Answer 36

The principle of accountability requires data controllers to demonstrate compliance with data protection laws and to be responsible for their data handling practices.

Question 37

What is “data subject’s right to object” in the context of transfers?

Answer 37

The right to object allows data subjects to challenge the transfer of their personal data based on specific grounds, such as potential harm.

Question 38

What is “data protection by design”?

Answer 38

Data protection by design involves integrating data protection measures into the development of processes and systems that handle personal data, including during transfers.

Question 39

What does “data sharing agreements” entail?

Answer 39

Data sharing agreements outline the terms and conditions under which personal data can be shared between organizations, including during international transfers.