330 The Data Protection Bill, 2018 MEMORANDUM OF OBJECTS AND REASONS Statement on the Objects and Reasons of the Bill The principal object of the Bill is to protect personal data collected, used or stored by both private and public entities. The Bill recognizes that data protection forms part and parcel of the expectation of the right to privacy. This Bill provides for the legal framework for protection of a person's privacy in instances where personal information is collected, stored, used or processed by another person. In Kenya the right to privacy is protected under Article 31 of the Constitution. Therefore, this Bill seeks to operationalise Article 31 of the Constitution, in particular Article 3 1(d) and (c). By providing for this right under the Constitution, is an indication as to the importance of the right to privacy. However, despite the importance attached to this right, the right is not absolute. It may be limited and must as of necessity be balanced against other competing rights and interests such as protecting the rights and freedoms of others, and maintaining law and order. Part I of the Bill sets out definition of various terms used and application of the law. Part II outlines the objects and principles of protection of personal data. In particular, clause 4 sets out principles to guide the interpretation and application of the law, clause 6 sets out the circumstances the right to privacy regarding personal data can be limited. This Part also provide for the manner of collecting and processing personal data. Processing of special personal information, information relating to religious beliefs, race, health, trade union activities, data relating to a minor and political persuasions, is provided for under Part III of the Bill. It sets out the criteria for processing and who may process such information. Part IV on its part deals with oversight and implementation of the law. The Kenya National Commission on Human Rights will be the responsible institution for oversight and implementation, including investigating abuses. Final provisions encompassing offences and power for the Cabinet Secretary to make regulation are provided for under Part V of the Bill. Due to massive development in the field of information, communication and technology experienced the world over and increase in collection of personal information by government and private bodies, the need to protect personal information has gained prominence. Therefore, there is urgent need to put in place rules to regulate the collection, use, storage and processing of personal information.