Background

The Commission dates back to 1954 when Civil Service Commission was established by British Colonial Government following Holmes Commission Report, 1948; Civil Service Commission was advisory to the Governor in matters of appointments; At independence in 1963 it was enshrined in the constitution and renamed Public Service Commission; Independence Constitut...

Qualifications

A person shall be qualified for appointment as Data Commissioner if that person:

• holds a degree in any of the following fields from a university recognized in Kenya:-
  • Data Science;
  • Law;
  • Information Technology or
  • any other related field;
• holds a Masters Degree;
• has knowledge and relevant experience of not less than ten (10) years; and
• meets the requirements of Chapter six (6) of the Constitution

DUTIES AND RESPONSIBILITIES

The functions of the Office of the Data Commissioner are provided in Section 8(1) of the Data Protection Act and shall include:

• overseeing implementation of and being responsible for enforcement of the Data Protection Act;
• establishing and maintaining a register of data controllers and data processors;
• exercising oversight on data processing operations, either of own motion or at te request of a data subject, and verify whether the processing of data is done in accordance with this Act;
• promoting self-regulation among data controllers and data processors;
• conducting assessment for the purpose of ascertaining whether information is processed according to the provisions of the Act or any other relevant law;
• receiving and investigating any complaint by any person on infringements of the rights under the Act;
• taking such measures as may be necessary to bring the provisions of the Act to the knowledge of the general public;
• carrying out inspections of public and private entities with a view to evaluating the processing of personal data;
• promoting international cooperation in matters relating to data protection and ensure country's compliance on data protection obligations under international conventions and agreements;
• undertaking research on developments in data processing of personal data and ensuring that there is no significant risk or adverse effect of any developments on the privacy of individuals; and
• performing such other functions as may be prescribed by any other law or as necessary for the promotion of object of the Act.

TERMS OF SERVICE

The Data Commissioner shall be appointed for a single term of six (6) years and shall not be eligible for re-appointment.

REMUNERATION

The Data Commissioner shall be paid a monthly gross remuneration package of Kshs.674,900.00 per month fixed for the term of office, or as may be determined by Salaries and Remunerations Commission; and

Medical and other benefits are as provided in the Gazette Notice No. 10346 of 9th August, 2023.

• overseeing implementation of and being responsible for enforcement of the Data Protection Act;
• establishing and maintaining a register of data controllers and data processors;
• exercising oversight on data processing operations, either of own motion or at te request of a data subject, and verify whether the processing of data is done in accordance with this Act;
• promoting self-regulation among data controllers and data processors;
• conducting assessment for the purpose of ascertaining whether information is processed according to the provisions of the Act or any other relevant law;
• receiving and investigating any complaint by any person on infringements of the rights under the Act;
• taking such measures as may be necessary to bring the provisions of the Act to the knowledge of the general public;
• carrying out inspections of public and private entities with a view to evaluating the processing of personal data;
• promoting international cooperation in matters relating to data protection and ensure country's compliance on data protection obligations under international conventions and agreements;
• undertaking research on developments in data processing of personal data and ensuring that there is no significant risk or adverse effect of any developments on the privacy of individuals; and
• performing such other functions as may be prescribed by any other law or as necessary for the promotion of object of the Act.

• holds a degree in any of the following fields from a university recognized in Kenya:-
• Data Science;
• Law;
• Information Technology or
• any other related field;
• holds a Masters Degree;
• has knowledge and relevant experience of not less than ten (10) years; and
• meets the requirements of Chapter six (6) of the Constitution