Case Summary
The High Court in Kenya addressed a case involving the launch of the “Huduma Card”, the country’s proposed first national digital ID card. The court ruled in favor of the applicants, Katiba Institute and Yash Pal Ghai, stating that the launch of the Huduma Card violated the Kenya Data Protection Act (KDPA). The executive order adopted by the Ministry of Interior was found to breach Section 31 of the KDPA, which requires a data protection impact assessment (DPIA) when processing personal data with high risks to individuals’ rights and freedoms.
The court granted orders to reverse the decision to roll out Huduma Cards and compel the government to conduct a DPIA before further processing and issuing the cards. The judgment emphasized the significance of conducting DPIAs to assess potential risks to data subjects. The case also shed light on the broader context of Kenya’s digital identification system, the National Identity Integrated Management System (NIIMS), and the challenges related to data protection, privacy, and government-led initiatives.
Access to the full judgment
Further notes on contested technology
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Additional resources
For further analyses of the judgment see: https://fpf.org/blog/how-the-kenyan-high-court-temporarily-struck-down-the-national-digital-id-card-context-and-analysis/
Author of the case note
