ADVOKS GLOBAL · KENYA
Data Protection Act
31. Data protection impact assessment
Edition: 2022-12-31 · In force
31. Data protection impact assessment
(1)Where a processing operation is likely to result in high risk to the rights and freedoms of a data subject, by virtue of its nature, scope, context and purposes, a data controller or data processor shall, prior to the processing, carry out a data protection impact assessment.(2)A data protection impact assessment shall include the following—(a)a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the data controller or data processor;(b)an assessment of the necessity and proportionality of the processing operations in relation to the purposes;(c)an assessment of the risks to the rights and freedoms of data subjects;(d)the measures envisaged to address the risks and the safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Act, taking into account the rights, and legitimate interests of data subjects and other persons concerned.(3)The data controller or data processor shall consult the Data Commissioner prior to the processing if a data protection impact assessment prepared under this section indicates that the processing of the data would result in a high risk to the rights and freedoms of a data subject.(4)For the purposes of this section, a "data protection impact assessment" means an assessment of the impact of the envisaged processing operations on the protection of personal data.(5)The data impact assessment reports shall be submitted sixty days prior to the processing of data.(6)The Data Commissioner shall set out guidelines for carrying out an impact assessment under this section.