The Supreme Court announced the illegal deployment of the Number Service because it was in violation of the Data Protection Act of 2019.
Section 31 of the Data Protection Act requires data processing to be preceded by a data protection impact assessment to assess the risks associated with data processing so that they can be minimized.
In handing down the verdict, Judge Jairus Ngaah found that the assessment had not been made prior to the deployment of Service No.
The court found, however, that the request to suspend the deployment of the Number Service was unhelpful as the government had already begun issuing the cards.
The government was therefore tasked with creating protections to protect Kenyan data.
In that case, the Constitutional Institute went to court to block the issuance of the cards by the government, stating that there was no assessment of the impact of data protection in accordance with section 31 of the law. On data protection, 2019.
They said that by using the Service number, participants disregarded a court decision issued earlier last year.
“The privacy rights of the data protection law have been guaranteed since the promulgation of the constitution …”, they said.
The government, however, opposed the case, saying the law does not apply to a court case.