Data Protection Act

49. Safeguards prior to transfer of personal data out of Kenya

Edition: 2022-12-31 · In force

49. Safeguards prior to transfer of personal data out of Kenya

(1)The processing of sensitive personal data out of Kenya shall only be effected upon obtaining consent of a data subject and on obtaining confirmation of appropriate safeguards.

(2)The Data Commissioner may request a person who transfers data to another country to demonstrate the effectiveness of the security safeguards or the existence of compelling legitimate interests.

(3)The Data Commissioner may, in order to protect the rights and fundamental freedoms of data subjects, prohibit, suspend or subject the transfer to such conditions as may be determined.

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Source: Kenya Law