Technology and Cybersecurity

Communicating Under Kenya's Data Protection Act: A Guide for PR and Marketing Teams

01 10 1110 01 0011 00 10

Communications work runs on personal data: media lists, customer databases, event registrations, newsletter subscribers, website enquiries and social media audiences. Since Kenya's Data Protection Act came into force in 2019, how organisations collect and use that information is no longer just good practice — it is a legal responsibility overseen by the Office of the Data Protection Commissioner (ODPC).

This is not legal advice, and organisations should consult qualified counsel on their specific obligations. But there are practical principles every PR and marketing team should understand.

Collect only what you need — and say why

The Act requires personal data to be processed lawfully, fairly and transparently, for a specified purpose, and limited to what is necessary. For communications teams, that means asking whether every field on a form is genuinely needed, and clearly telling people how their information will be used. A short, plain-language privacy notice at the point of collection goes a long way.

Be careful with direct marketing

Sending promotional messages by SMS, email or messaging apps involves personal data. Make sure you have a proper basis for contacting people, keep records of how contacts were obtained, and always give recipients a simple way to opt out — then honour it promptly. Bought or scraped contact lists carry significant legal and reputational risk.

Respect people's rights

Individuals have rights over their data, including the right to be informed, to access the data held about them, and to ask for inaccurate data to be corrected or deleted. Communications teams should know who in the organisation handles these requests and how to route them quickly.

Secure your lists and tools

Spreadsheets of journalist contacts, event attendees or customers are often shared casually. Limit access, use secure tools, and remove data you no longer need. If a breach does occur, the Act sets out notification duties — including notifying the Data Commissioner without delay and generally within 72 hours of becoming aware of it — so communications and legal teams should already know how they would respond.

Privacy is also a reputation issue. A data incident handled poorly can do more lasting damage than the incident itself.

Build privacy into campaigns

When planning a campaign, event or website, consider data protection from the start rather than at the end. Ask what data will be collected, where it will be stored, who will access it, how long it will be kept and how people will be informed. Building these answers into the plan is far easier than fixing them later.

Trust is the point

For organisations in reputation-sensitive sectors, responsible data handling is part of the brand. Clear, honest communication about how you use people's information is one of the simplest ways to show that you deserve their trust.

MO
Milton Oluoch

Founder of Repute Communications. Kenyan investigative journalist, Reuters-accredited digital journalist, and public relations and strategic communications consultant with over 10 years of experience.

Related Articles

Continue reading

Let's Build a Reputation That Works for You.

Whether you want to strengthen your brand, navigate a reputation challenge or expand your digital presence, Repute Communications is ready to help.