How to file a Complaint with the Data Commissioner in Kenya

How to file a Complaint with the Data Commissioner in Kenya

In today’s digital age, personal data is everywhere. When you register for M-pesa, sign up for a loyalty card at your favourite supermarket, or even post a selfie online. Your data is constantly collected, stored, and processed. But what happens when your personal information is mishandled and your data is misused, shared without your consent, or worse, exposed in a breach? In Kenya, your data privacy rights are protected by the Data Protection Act, of 2019. If your rights are violated, you can take action by filing a complaint with the Office of the Data Protection  Commissioner.

What are the key elements of a Data Complaint?

1. Particulars of the Complainant

It includes your full name, national ID or passport number, and contact information (phone number, email, or physical address). This ensures the Commissioner knows who is filing the complaint.

2. Details of the Respondent

Identify the party you are complaining about, whether a company, individual, or government entity. Include their name and any contact details you might have.

3. Particulars of the complaint

This is a description of the violation. How your data rights were breached and the actual or potential harm caused with the exact dates, names of parties involved, and any specific actions taken (or not taken) that led to the violation. Attach any documentation that backs up your complaint. It could be screenshots of emails or text messages, pictures, bank statements, or any correspondence between you and the offending party.

4. The remedy sought

This is the outcome that you desire. It includes; a request to stop processing your data, correction or deletion of data, compensation for damages, or a request for a full report on what data is being held and how it’s being used.

You should also include the steps that you have taken to resolve the complaint and if you want to be anonymous in case the respondent is contacted.

How do you file the complaint?

You can either file a complaint personally or through your advocate/lawyer but in whichever way you will need to follow the process below.

1. Visit the official website of the Office of the Data Protection Commissioner (ODPC) at https://www.odpc.go.ke/

2. Fill out the complaint form while taking into consideration the key elements as discussed above. Ensure that you provide accurate information.

3. Annex any further information and supporting documents to substantiate your claim 

4. In case you are acting for a data subject, attach the authorization to act on behalf of them.

5. Once done, submit the complaint. The ODPC will review your complaint and initiate an investigation. They may contact you for further clarification or additional information.  You’ll be updated as the investigation progresses, and the ODPC will issue a ruling, which may include penalties for the offending party or corrective actions.

In conclusion, data is the new oil and it’s crucial to protect it. Whether your information has been shared without consent, you’ve been denied access to your data, or your privacy has been violated, the Data Protection Act, 2019 empowers you to take action. Filing a complaint with the Office of the Data Protection Commissioner (ODPC) ensures that your data rights are enforced, and any violations are addressed. Don’t let data misuse and beach go unchecked.  Take charge, file a complaint, and protect your privacy—because your data is your right, and your right deserves protection.

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