DPA_10-PROVISIONS ON DELEGATED POWERS Flashcards
Who has the authority to make regulations under the Data Protection Act?
The Cabinet Secretary has the authority to make regulations.
What is the primary purpose of the regulations made under this Act?
To give effect to the provisions of the Data Protection Act and prescribe necessary details.
What are some specific areas that regulations may cover?
Requirements for data controllers/processors, certification programs, and information to be provided to data subjects.
What must be included in the notice or registration by a data controller?
The contents required by the regulations as prescribed by the Cabinet Secretary.
Can the regulations impose requirements on data controllers?
Yes, regulations can impose specific requirements on data controllers and data processors.
What is the significance of the delegated powers granted to the Cabinet Secretary?
It allows for flexibility and adaptability in implementing the Act’s provisions.
What is a potential outcome of the regulations made under this Act?
They may establish mechanisms for compliance and enforcement of data protection principles.
How does the Act ensure that the regulations are aligned with its objectives?
By allowing the Data Commissioner to consider necessary information and requirements.
What is the role of the Data Commissioner in relation to the regulations?
The Data Commissioner may provide input on what is considered appropriate for the regulations.
What is the legal basis for the Cabinet Secretary to create regulations?
The legal basis is provided by the Data Protection Act itself, specifically in Part X.
Are there any limitations on the regulations that can be made?
Regulations must be consistent with the objectives and provisions of the Data Protection Act.
What is the importance of having regulations for data processing?
Regulations help ensure that personal data is processed in a lawful and secure manner.
How often can the regulations be updated or amended?
The regulations can be updated as necessary, subject to the discretion of the Cabinet Secretary.
What is the relationship between the regulations and the Data Protection principles?
Regulations must adhere to and support the data protection principles outlined in the Act.
What is the potential impact of these regulations on data subjects?
They can enhance the protection of personal data and ensure transparency in data processing.
What is the purpose of issuing codes of practice under the Data Protection Act?
To provide guidelines for compliance with data protection principles and best practices.
Who is responsible for approving the codes of practice?
The Cabinet Secretary is responsible for issuing and approving codes of practice.
What is a key requirement for data processors when handling personal data?
They must comply with the regulations and principles set out in the Data Protection Act.
What is the significance of the term “data subject” in the context of the Act?
A data subject refers to an individual whose personal data is being processed.
How does the Act define “personal data”?
Personal data is any information relating to an identified or identifiable natural person.
What is the role of the Cabinet Secretary in relation to guidelines?
The Cabinet Secretary can issue guidelines to assist in the interpretation and application of the Act.
Can the regulations specify penalties for non-compliance?
Yes, regulations can include provisions for penalties or consequences for non-compliance.
What is the importance of having a certification program under the Act?
It helps ensure that data controllers and processors meet established standards for data protection.
How does the Act facilitate the processing of data in Kenya?
By allowing regulations that govern the processing of data through servers or data centers in Kenya.
