The Senate ICT Com proposed 17 amendments to the Senate Data protection Bill, currently at 3rd reading stage. After notice was given of the proposed amendments but before Senate could consider the changes, the Executive approved a reviewed draft Data Protection Bill (MoICT).

The Minster For ICT has been in conversation with the Senate ICT Com to have the 2 bills consolidated into one. The Senate is currently on recess and we await new proposed changes to the Senate Bill. If negotiations succeed, we will have a harmonized Draft bill proceeding from 3rd reading at the Senate.

Points to note:

ยท         Both Data Protection Bills exclude NIIMS and Data collected under the Registration of persons Act from the principles of data protection.

ยท         The Draft Bill approved by government proposes to extend the application of Data Protection principles to Information collected under the following Laws:

–          Births and Deaths Act

–          IEBC Act

–          Capital markets Act

–          KNEC Act

–          Employment Act

–          The Kenya Citizenship and Immigration Act

–          Basic Education Act

–          Universities Act

–          The Central Depositories Act

–          Anti-Money laundering and Proceeds of Crime Act

–          KICA

–          Insolvency Act

It is not yet clear if the Senate Bill will be merged with the Draft Ministry of ICT Bill. I will be watching parliament for the harmonization process.