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In November 2019, Kenya enacted the Data Protection Act (DPA). The Act sets a framework for data processing activities in the country and creates obligations for data processors and controllers. Although the DPA makes no explicit requirement for data protection training, it is imperative for any organisation processing data to strive towards a data protection culture within the whole organisation. The increase in data processing activities necessitates the need for businesses and organizations to educate themselves about the sensitive nature of personal data. As such, training employees, clients and all other people who come into contact with data is critical to ensuring complete compliance with the DPA.
Traditionally, data-related issues have been the responsibility of the information technology (IT) department. However, experience from data security shows that humans truly are the weakest link – far more often than not, security breaches occur as a result of human error rather than malicious attacks. When employees are unaware of the risks, they are more likely to make costly errors or become victims of malicious attacks, which can have a negative impact on the business or organization. All employees, regardless of the size of the business or organization, should receive data protection training, as they interact with data on a daily basis in one way or another.
Data protection training encompasses a broad range of issues. In the case of Kenya for example, it is important for all persons in an organisation to understand the basics of the Data Protection Act. Employees can also be made aware of how the organisation applies the Act in its operations. Specific issues that could be covered in training include:
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Definition of concepts
This will enable a working knowledge of personal data, its processing, and the data subject’s rights. Additionally, when data processing activities occur, why they should be protected, as well as what constitutes an overreach. The DPA clearly defines the concepts and sets out the conditions under which data should be processed, governed and managed.
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Principles of data protection
Section 25 of the DPA establishes the following fundamental principles in data processing: lawfulness, fairness and transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality, and accountability. These principles must govern all data processing activities. Consistent application of these principles is a necessary component of sound data protection practice and compliance with the DPA provisions.
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Data Protection Impact Assessment (DPIA)
Section 31 of the DPA defines DPIA as an activity that is used to investigate, identify, and mitigate potential risks associated with data processing, particularly when the data processing involves high risk. Businesses and organizations should understand when a DPIA is necessary and how to conduct one. While the process may appear complex, it can be simplified to make it more understandable to businesses and organizations.
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Cross-border transfer of data
Part VI of the DPA requires data controllers or processors who wish to transfer personal data outside of Kenya to demonstrate appropriate safeguards and to submit evidence that the recipient countries have commensurate data protection laws. To ensure that this is done correctly within a business or an organization, personnel must be properly trained on local and international laws, as well as principles on the international transfer of personal data.
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Data governance
Data governance refers to models and measures that define who has the authority to do what with what data, when, where, and how. Data governance training enables a better understanding of the roles, responsibilities, and processes required to ensure an organization’s or business’s accountability and ownership of data, which is critical for data protection.
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Cybersecurity and cyber hygiene
This includes practising good cyber hygiene, password security, avoiding fraud attempts e.g. phishing scams, and what to do in the event of an error.
Compliance with the Data Protection Act is complex, and it requires organisations as well as data protection practitioners to enhance their capacity to respond to emerging issues in data protection. Data protection advocates are therefore developing resources to help small and medium enterprises and non-governmental organisations in Kenya to comply with the Act. These include manuals on specific aspects of the Act as well as training courses tailored for these organisations. It is hoped that such resources will help in building a culture of data protection, and also contribute to local perspectives on privacy and data protection.
