The consent model under the data protection act; Introducing complimentary provisions to enhance protection

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dc.contributor.authorMunir, Abdikadir Hussein Mohamed
dc.date.accessioned2021-12-15T14:18:58Z
dc.date.available2021-12-15T14:18:58Z
dc.date.issued2021
dc.descriptionDissertation Submitted in Partial Fulfillment of the Requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractIndividual data is a valuable commodity. The world of today places great importance on the information derived from persons all over the globe. That data is one with the individual and thus should be accorded the proper rights as well as rigid protection required. Privacy plays a major role as data can be used to identify and as well as exploit individuals and therefore further emphasizes the need for legislation that greatly protects the data subject. However, data is still necessary for an increasing number of activities and finding a balance is an ongoing struggle in many parts of the world. The concept of consent has been included in various jurisdictions to place control over data in the data subjects’ hands and it is an effective tool in avoiding exploitation. European data protection laws are often considered the hallmark of robust and efficient safeguards for data. Legislation in Europe, specifically the GDPR, has influenced laws around the globe. In Kenya, the recent Data Protection Act of 2019 has been greatly influenced by the GDPR which already allows it to take advantage of the many years of development that the GDPR underwent. However, the same standards of consent required for European citizens (the main target of the GDPR) has been drafted into the Kenyan DPA. In light of this, the study dissects the requirements of consent under the DPA aiming to highlight the difficulty in solely relying on this consent model. The study finds that the consent model is falling short of properly protecting data subjects in Kenya. This is because exclusively relying on the consent model while failing to take into account the cultural and educational differences between the EU and Kenya greatly affects the effectiveness of the model. To remedy this, the study proposes a look at two solutions being employed in India that serve to compliment the model. Namely, the appointment of learned & certified data intermediaries that bridge the knowledge gap between the data subject and the data collector in addition to the introduction of a fiduciary duty (akin to that imposed on bankers and doctors) into the lawen_US
dc.identifier.urihttp://hdl.handle.net/11071/12279
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.titleThe consent model under the data protection act; Introducing complimentary provisions to enhance protectionen_US
dc.typeUndergraduate projecten_US
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