311 The Data Protection Bill, 2018 THE DATA PROTECTION BILL, 2018 A Bill for AN ACT of Parliament to give effect to Article 3 1(c) and (d) of the Constitution; to promote the protection of personal data; to regulate the manner in which personal data may be processed; to provide persons with rights and remedies to protect their personal data; and to regulate the flow of personal information across the borders of the country; and for connected purposes. ENACTED by the Parliament of Kenya, as followsPART I—PRELIMINARY This Act may be cited as the Data Protection Act, Short title. 2018. In this Act "agency" means a person who collects or processes personal data; "Cabinet Secretary" means the Cabinet Secretary responsible for information and communications; "Commission" means the Kenya National Commission on Human Rights established by section 3 of the Kenya National Commission on Human Rights Act; "Court" means the High Court or any other court with jurisdiction under any law to adjudicate over matters relating to data protection; "data" means information which is processed by means of equipment operating automatically in response to instructions given for that purpose; is recorded with the intention that it should be processed by means of such equipment; is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system; where it does not fall under paragraph (a), (b) or (c), forms part of an accessible record; or is recorded information which is held by a public entity and does not fall within any of paragraphs (a) to (d); Interpretation. No. 14 of 2011.