A new report entitled Balancing free expression and data protection: The journalistic exemption in Kenya provides an overview of the legal and policy frameworks relating to privacy, freedom of expression and data protection, and assesses the journalistic exemption in Kenya and beyond. The report examines the need for greater specificity on the scope of the exemption, including by contrasting it with comparable legislation in the European Union and the United Kingdom.
The report looks at the media’s obligations to comply with areas of the Data Protection Act even when relying on the journalistic exemption from certain provisions, and lays out the media’s responsibility and obligation to comply with data protection principles of data security and accountability.
Ithe report, ARTICLE 19 sets out the findings of a survey conducted among Kenyan media practitioners regarding awareness andpractices pertaining to data protection with specific reference to journalism. Through this, it seeks to inform media leaders about the need for increased training and support.
The report also presents recommendations to the office of the Data Protection Commissioner and media practitioners.