Joint stakeholder report reagrding the 49th Universal Periodic Review – Kenya
Privacy International, Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), ICJ-Kenya, Haki Na Sheria Initiative and STOPAIDS submitted a joint stakeholder report to the 49th session of the Universal Periodic Review regarding Kenya's review.
Our joint submission raised issues regarding elections, health and economic and social justice.
Advocacy
Post date
5th February 2025
Our joint stakeholder report made the following recommendations:
- Strengthen the implementation of Data Protection Act, 2019 and make clear in law and in relevant guidelines that personal data from the electoral register which has been made accessible is still subject to, and protected, by data protection law, including for onward processing.
- Ensure that there is an effective legal and regulatory framework in place to guarantee a human rights-based approach in the design and deployment of digital health technologies by the government and non-state actors which provides for the meaningful participation of affected communities and protects people’s right to health and privacy amongst other fundamental rights including non-discrimination and equality, by reinitiating a legislative process to enact a comprehensive digital health legislation that aligns with the Constitution.
- Take steps to ensure that the necessary protections are in place for all, but in particular women and girls, persons living with HIV, and young people, to access sexual and reproductive health information and services safely and securely, and adopt a strong regulatory framework to protect the confidentiality and privacy of their data and health status including through the effective implementation of the Data Protection Act, 2019.
- Review and redesign the proposed digital identity system, the Maisha Numba, to ensure it aligns with Kenya’s national and international human rights obligations in its design and implementation, and adopts legal, policy and technical safeguards to prevent exclusion, unlawful surveillance and exploitation of the data processed for identification purposes.
- Take measure to ensure that steps taken to adopting digital public infrastructures abide by Kenya’s national and human rights obligations to protect people and their rights including the Data Protection Act, 2019, and in particular effectively regulate the involvement of the private sector in such initiatives.