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Kenyan Privacy Law

ODPC (Office of the Data Protection Commissioner)

The ODPC is Kenya's data protection regulator, established under the Data Protection Act, 2019. It registers data controllers, investigates complaints, and can impose fines of up to KES 5 million for violations.

Legal Definition

The Office of the Data Protection Commissioner is an independent office established under the Data Protection Act, 2019. The Commissioner's mandate includes: registering data controllers and processors; monitoring and enforcing compliance; investigating complaints from individuals; issuing enforcement notices; and imposing administrative fines. Any person who believes their data protection rights have been violated may lodge a complaint with the ODPC. The ODPC will investigate and, where a violation is found, may issue an enforcement notice requiring the organisation to take corrective steps, and may impose a fine of up to KES 5 million (or 1% of annual global turnover, whichever is higher). You can file complaints online at odpc.go.ke or in person at the ODPC offices in Nairobi. The ODPC also has power to audit organisations and require them to demonstrate compliance.

📖 Constitutional / Statutory Basis: Data Protection Act, 2019, Sections 5–11

Practical Example

A mobile lender accesses a borrower's phonebook contacts without consent to shame them into repayment. The borrower files a complaint with the ODPC. The ODPC investigates and issues an enforcement notice requiring the lender to delete the contacts and stop the practice.

Frequently Asked Questions

Is there a fee to file a complaint with the ODPC in Kenya?
No. Filing a data protection complaint with the ODPC is free of charge.
How long does the ODPC take to resolve complaints?
The ODPC aims to acknowledge complaints within 21 days and resolve them within 90 days, though complex cases may take longer. You will be notified of the outcome.

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