News on Data Privacy in Kenya and SA

The Kenyan Office of the Data Protection Commissioner (ODPC)’s powers were strengthen by the 2021 Data Protection (Complaints Handling and Enforcement Procedures) Regulations, which set down the complaints mechanisms and remedies for data subjects and the penalties that may be imposed on data controllers and data processors under the Act. Since then the ODPC has received a total of 1,030 complaints by the end of September 2022, out of which, 555 complaints had been admitted for investigation. In response to the growing number of borrowers who have faced harassment and debt-shaming by unlicensed digital credit lenders, the ODPC has recently announced that it will be conducting a preliminary documentary assessment and audit on 40 digital lenders that have been subject to complaints raised by various members of the public.

In SA, the Information Regulator has approved a code proposed by the Banking Federation. POPIA specifically invites sectors which use personal data to draft codes which, when approved by the IR, are then given legal force.

Meanwhile on a global level, amid a privacy push and growing ecommerce adoption, advertisers are increasing their retail media advertising spending. This is creating a multi-billion-dollar opportunity for retailers rich with first-party data to monetize their audiences and digital real estate. Leading players like Walmart, Carrefour, and Albertsons are investing heavily in building out their digital advertising capabilities.