ADVOKS GLOBAL · KENYA
Data Protection Act
38. Right to data portability
Edition: 2022-12-31 · In force
38. Right to data portability
(1)A data subject has the right to receive personal data concerning them in a structured, commonly used and machine-readable format.(2)A data subject has the right to transmit the data obtained under subsection (1), to another data controller or data processor without any hindrance.(3)Where technically possible, the data subject shall have the right to have the personal data transmitted directly from one data controller or processor to another.(4)Where data controller or data processor declines to comply with a request under subsection (3), the Data Commissioner may make a determination on the technical capacity of the data controller or data processor.(5)The right under this section shall not apply in circumstances where—(a)processing may be necessary for the performance of a task carried out in the public interest or in the exercise of an official authority; or(b)it may adversely affect the rights and freedoms of others.(6)A data controller or data processor shall comply with data portability requests, at reasonable cost and within a period of thirty days.(7)Where the portability request is complex or numerous, the period under subsection (6) may be extended for a further period as may be determined in consultation with the Data Commissioner.