The African Commission on Human and Peoples’ Rights (ACHPR), an organ of the African Union (AU), has voiced apprehension regarding the proposed amendment to the Data Protection Act within Kenya’s Finance Bill 2024.
The suggested amendment seeks to exempt the Kenya Revenue Authority (KRA) from certain requirements outlined in the Data Protection Act.
This would grant KRA the authority to access taxpayers’ personal data from data processors and controllers without the need for a court warrant.
Solomon Ayele Dersso, the Rapporteur on Human Rights in Kenya for ACHPR, expressed concern over such measures, highlighting that they establish a concerning precedent for government intrusion and undermine the fundamental principles of privacy and civil liberties.
Dersso emphasized that this proposal contradicts the protection of civil, political, and socio-economic rights as outlined in the African Charter. The commission urged the Kenyan government to reconsider and revise the provision accordingly.
“Upholding the right to privacy is essential to maintaining public trust and adhering to the principles of human and people’s rights under the African Charter,” added Dersso.
Per the Finance Bill proposal, KRA’s freedom to access personal information would be used in cases where the disclosure is “necessary for the assessment, enforcement, or collection of any tax or duty under a written tax law.”
The proposal has faced criticism not only for infringing on taxpayers’ rights to privacy but also for posing the risk of data misuse.
Parliament is currently debating the Finance Bill for the second day after public participation closed on June 10. This debate occurs amidst heated protests in Nairobi as Kenyans advocate for MPs to reject the proposed law entirely.
In its report following the consideration of Kenyans’ views, the National Assembly Finance and Planning Committee acknowledged that the proposal to grant the KRA access to personal data may not align with the constitutional right to privacy.
The committee noted that the Data Protection Act delineates circumstances under which exemptions might apply. Additionally, the committee highlighted that the Tax Procedures Act empowers the KRA or an authorized officer with a warrant to access any data necessary to administer tax laws.
Next week, MPs are scheduled to propose amendments approved by the speaker during the committee of the whole, also known as the bill’s Third Reading. Subsequently, legislators will cast a final vote to determine the fate of the Finance Bill before June 30, ahead of the commencement of the 2024/25 financial year on July 1.
