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.