The Data Protection Bill, 2018 331 Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms Clause 36 of the Bill provides that the Cabinet Secretary may make Regulations for the better carrying out of the provisions of the Act The Bill therefore delegates legislative powers to the county Cabinet Secretary. The Bill proposes to limit the right to privacy under Article 31 of the Constitution respectively. Clause 6 of the Bill proposes to limit the right to privacy by providing that the right to privacy may be limited for the purpose of safeguarding fundamental rights and overriding legitimate interests. However, the limiting of this right must be in a manner that is least intrusive. The limitation of the right to privacy proposed in this Bill meets the requirements set out under Article 24(1) of the Constitution. Statement on how the Bill concerns county governments The Fourth Schedule to the Constitution provides for the functional areas of both the county governments and national government. In performance of this functions, and as of necessity, county governments as well as persons regulated by county governments collect, use and store personal information or data. This Bill seeks to put in place a legal framework for the protection of personal data that may be collected by private and public entities including county governments. The Bill therefore concerns county governments in terms of Articles 1 10(1)(a) of the Constitution in that it contains provisions that affect the functions and powers of the county governments as set out in the Fourth Schedule to the Constitution. Statement that the Bill is not a money Bill within the meaning of Article 114 of the Constitution The Bill is not a money Bill within the meaning of Article 114 of the Constitution. Dated the 15th May, 2018. GIDEON MOl, Chairperson of the Committee on Information, Communication and Technology.

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