Kenya’s Plan to Monetize Data Through New National Data Governance Law

The Government has proposed a National Data Governance Policy that could transform how data is shared, licensed and monetized across the country.

The proposed policy seeks to establish a legal framework for managing non-personal data, including anonymized and aggregated datasets generated by government agencies, private companies, research institutions and civil society organizations.

Under the proposal, the government plans to create clear rules that will allow lawful data exchange and commercialization while safeguarding privacy rights and promoting innovation, research and economic growth.

A key proposal in the policy is the development of a Data Governance Law (DGL), which would complement the Data Protection Act, 2019.

The proposed law would regulate non-personal data and define ownership rights, data-sharing rules, licensing arrangements and interoperability standards.

It would also establish frameworks for organizations to use data responsibly while ensuring that personal information remains protected.

According to the policy document, the law would “define foundational frameworks by codifying FAIR principles (Findable, Accessible, Interoperable, Re-Usable) and establishing specific strategic data categories with clear compliance guidance for organizations.”

The policy further states that the legislation would recognize data as a factor of production and establish property rights based on data origination, collection, investment and value addition.

Government Plans National Data Marketplace

The policy also proposes the creation of a national data marketplace through legislation.

The marketplace would facilitate the lawful exchange of non-personal, anonymized and aggregated datasets from the public sector, private companies, research institutions and civil society groups.

“Consult stakeholders to establish a national marketplace for the lawful exchange of non-personal, anonymised, and aggregated datasets,” the policy states.

The proposed marketplace would include licensing models, pricing structures and regulatory oversight for data intermediaries and brokers.

Government says the framework would support innovation and research while ensuring transparency, fair competition and ethical use of data.

Also Read:Government to Roll Out Ksh 396 Million Platform to Sell eCitizen Data

Stakeholders Identified for Engagement

The policy identifies a wide range of stakeholders who will play a role in shaping and implementing the framework.

Among those listed are private sector technology providers, private sector financial service providers, large retail chains and market research firms.

Other stakeholders include land administration agencies, social security institutions, business process outsourcing firms, property management companies and the general public.

These organizations generate and manage large volumes of data that could become part of Kenya’s emerging data economy under the proposed framework.

Also Read:Kenya Among 26 Countries Banned from Domestic Worker Recruitment by Kuwait

New Data Governance Office Proposed

The government also plans to strengthen the current Data Governance Directorate into a National Data Governance Office.

The office would be headed by a National Chief Data Officer and would coordinate data governance activities across government institutions.

Its responsibilities would include managing public sector data assets, promoting data sharing, developing interoperability standards and supporting the implementation of data governance policies.

The proposed office would also serve as the secretariat of the planned National Data Governance and Emerging Technology Council.

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Kenya Plans New Data Economy: Government Eyes Licensing and Monetizing Public, Private Datasets
PHOTO/Pesa Wall