KNEC PRIVACY NOTICE

Introduction

The Data Protection (General) Regulations, came into effect on 31^st December 2021. These regulations set out the procedures for enforcement of the rights of the data subjects as well as elaborating on the duties and obligations of Data Controllers and Data Processors. The Data Protection Act Cap 411C requires all organisations to maintain standards in processing personal data.

Accountability - Data Subjects' Rights

Principles of Personal Data Protection:

1. Lawfulness, Fairness and Transparency;
2. Purpose Limitation;
3. Data Minimization;
4. Accuracy;
5. Storage Limitation;
6. Accountability;
7. Integrity and Confidentiality.

The data protection act provides the following rights for data subjects:

1. The right to be informed;
2. The right to access;
3. The right to correction;
4. The right to deletion;
5. The right to erasure;
6. The right to restrict or object processing;
7. The right to data portability; and
8. Rights in relation to automated decision making.

The Data Protection Commissioner has prepared a data protection handbook and data protection regulations.

The Kenya National Examinations Council (KNEC) is a state corporation under the Ministry of Education, responsible for overseeing national examinations in Kenya. It was established under the Kenya National Examinations Council Act Cap 225A of the Laws of Kenya, in 1980. In 2012 this act was repealed and replaced with KNEC Act No.29 of 2012. KNEC was established to set and maintain examination standards, develop national examinations, conduct national examinations within Kenya at basic and tertiary levels among other functions.

The statutory mandate of KNEC is to:

1. Set and maintain examinations standards;
2. Conduct public academic, technical and other national examinations within Kenya at basic and tertiary levels;
3. Award certificates or diplomas to candidates in such examinations. (such certificates or diplomas, shall not be withheld from the candidate by any person or institution);
4. Confirm authenticity of certificates or diplomas issued by the Council upon request by the government, public institutions, learning institutions, employers and other interested parties;
5. Undertake research on educational assessment;
6. Advice any public institution on the development and use of any system or assessment when requested to do so, and in accordance with such terms and conditions as shall be mutually agreed between the Council and the public institutions;
7. Promote the international recognition of qualifications conferred by the Council;
8. Advice the Government on any policy decision that is relevant to, or has implications on the functions of the Council or the administration of examinations in Kenya; and
9. Do anything incidental or conducive to the performance of the preceding functions.

Context

The following information concerns how data shall be processed for the Council to perform the above legal mandate.

Purpose

1. The Council shall process personal data for the following purposes:
2. Personal data belonging to candidates for the purposes of development, administration and management of examinations and assessments as per the KNEC Act No.29 of 2012.
3. Personal data belonging to Contracted Professionals for appointment to discharge the statutory functions of the KNEC, set out in article 10(2) of KNEC Act No.29 of 2012.
4. Employees’ personal data for the purpose of employment and processing personal emoluments as covered in the HR Manual.
5. Personal data belonging to service providers, stakeholders and partners for purposes of collaboration, contractual and legal obligations.
6. Research and Statistical purposes.

Data sharing

The Council may share personal data with partners, stakeholders and service providers in execution of its legal mandate.

Security

The Council takes appropriate measures to protect the confidentiality, integrity and availability of personal data.

Contact Details

Data subjects with queries or inquiries regarding this privacy notice may contact the Council through dpo@knec.ac.ke.

Your Right to lodge a complaint

Data subjects have the right to lodge a complaint with the office of the Data Protection Commissioner.

Changes to this Privacy Notice

This notice may be updated from time to time as required.