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A company leaked my data: do they have to tell me?

Data Protection Act, 2019 · sources read 4 Oct 2026

Yes, if there is a real risk of harm to you. The company must report the breach to the Data Commissioner within 72 hours and tell you in writing within a reasonably practical time, explaining what happened, what it is doing about it and what you can do to protect yourself.

How long
The Data Commissioner must investigate and finish a complaint within 90 days.
Deadline
The company must notify the Data Commissioner within 72 hours of becoming aware of the breach.
Deadline
A company processing data for another company must tell that company within 48 hours where reasonably practicable.
Where
First the company that held your data; then the Office of the Data Protection Commissioner (online at cie.odpc.go.ke)
Go to the official site

Steps

  1. Read the notice and follow the steps it recommends to protect yourself (for example, changing a PIN or password).
  2. Ask questions through the data protection officer or contact person named in the notice.
  3. If you were not told, or the company mishandled your data, complain to the Data Commissioner, by speaking to them or in writing. It is free.
  4. If the breach caused you damage, the law entitles you to compensation from the company.

Watch out

  • The company does not have to tell you if the leaked data was protected by proper safeguards such as encryption.
  • The company may delay telling you if that is needed to prevent, detect or investigate a crime.
  • If the company reports to the Data Commissioner after 72 hours, it must explain the delay.

Who this covers

  • Anyone whose personal data was accessed or taken by someone without authority, where there is a real risk of harm to them.
Official sources (2)
  1. Data Protection Act, 2019 (No. 24 of 2019) new.kenyalaw.org · read 4 Oct 2026
  2. Data Protection (Complaints Handling and Enforcement Procedures) Regulations, 2021 (L.N. 264 of 2021) odpc.go.ke · read 3 Oct 2026

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