Your Rights

Data Protection & Privacy Centre › Your Rights

Data Protection Act, 2019

Your rights as a data subject

The Data Protection Act, 2019 gives you enforceable rights over the personal data the University holds about you. Each right below states what it lets you do, the provision it comes from, how long we have to respond, and — importantly — where it does not apply.

Three things to know before you start

It is free

Making a request is free, and giving effect to it is free. Data portability is the single exception, where the law permits a reasonable cost — and we tell you the amount before proceeding. We will never charge you to see your own records.

You do not need our form

A request by email, letter or in person is equally valid, and you do not need to give a reason. The forms exist to help you give us what we need to answer quickly — they are not a hurdle you have to clear.

The clock starts immediately

The statutory period runs from the moment any member of University staff receives your request — not from when it reaches the Data Protection Officer. If you have told a lecturer or an office, you have made a valid request.

The rights in full

We will need to confirm who you are before releasing or changing records. We ask for identification proportionate to the sensitivity of the request and no more — because the greatest risk in handling an access request is giving your records to somebody else.

Right to be informed

AT COLLECTION

Know what we are collecting, why we need it, who will receive it, whether you have to provide it, and what happens if you do not.

Data Protection Act, 2019 — s.26(a); s.29

How this works

This is the foundational right, and the one most often at issue in regulatory complaints. You do not apply for it — we owe it to you automatically. It is why every University form carries a privacy statement and why this Centre exists. If you have been asked for personal data without being told why, that is a failure on our part and we want to know.

Right of access

7 DAYS

Ask us to confirm whether we hold personal data about you, and to give you a copy of it together with an explanation of how it is being used.

Act, 2019 — s.26(b) · General Regulations, 2021 — reg. 9(4)

Limits that may apply

  • We may redact information identifying another person who has not consented to disclosure.
  • Material subject to legal privilege is withheld.
  • Information whose disclosure is restricted by other legislation is withheld.

Where we redact, we tell you that we have done so and on what ground. We do not refuse a whole request because part of it is exempt.

Right to correction

14 DAYS

Require us to correct personal data about you that is inaccurate, out of date, incomplete or misleading.

Act, 2019 — s.26(d) · General Regulations, 2021 — reg. 10(4)

What this right does not cover

Correction addresses factual inaccuracy — a misspelt name, a wrong date of birth, an out-of-date address. It is not a route to change an academic mark, a disciplinary finding or an assessment outcome. Those are matters of academic or administrative judgement and have their own appeal procedures. If you raise one with us, we will tell you which procedure applies and direct you to it rather than simply refusing.

Right to deletion

14 DAYS

Ask us to delete personal data about you where it is false or misleading, where it is no longer necessary for the purpose it was collected for, or where you have withdrawn the consent we were relying on and no other basis applies.

Act, 2019 — s.26(e) · General Regulations, 2021 — reg. 12(3)

Please read before applying — this right is qualified

  • Degree and award records cannot be deleted. The University has a continuing duty to verify the qualifications it confers — to employers, professional bodies and other institutions, sometimes decades after graduation. If we destroyed the record, we could not confirm your own degree when you needed us to.
  • Records we are required by law to keep — financial, employment and statutory reporting records — cannot be deleted while that requirement runs.
  • Records needed to establish, exercise or defend a legal claim are retained until the matter concludes.

We state this openly rather than let you discover it when a request is refused. Where we do refuse, we tell you which exemption applies, what we have done instead, and how to challenge the decision.

Right to object

14 DAYS

Object to our processing of your personal data.

Data Protection Act, 2019 — s.26(c)

An important distinction

  • Direct marketing — absolute. Tell us to stop and we stop. We do not weigh it against anything and we do not ask you to justify it.
  • Other grounds — qualified. We must stop unless we can demonstrate compelling legitimate grounds that override your interests, or the processing is needed for a legal claim.

Where we rely on the qualified limb, we set out the reasoning to you in writing rather than simply asserting that an override exists.

Right to restriction of processing

14 DAYS

Require us to pause processing while something is resolved — for example while a correction request is being assessed, or while an objection is being considered. We may continue to store the data, but we stop using it.

Act, 2019 — s.34 · General Regulations, 2021

What we do when we restrict

We flag the restriction on our systems so that the data cannot be used inadvertently, and we give notice of the restriction to any third party with whom the data has been shared. Restriction is free of charge.

Right to data portability

30 DAYS

Receive personal data you provided to us in a structured, commonly used, machine-readable format, and where technically feasible have it transmitted to another organisation.

Data Protection Act, 2019 · General Regulations, 2021

Scope, time and cost

  • Covers data you provided to us — not records the University generated about you, such as examination marks or assessment notes.
  • This is the only right for which a reasonable cost may be charged. We confirm the amount before proceeding.
  • Where a request is complex or numerous, the law permits an extension determined in consultation with the Data Commissioner. We would tell you if that applied and why.

Right to withdraw consent

ON RECEIPT

Where we asked for your consent, you may withdraw it at any time — and it must be as easy to withdraw as it was to give.

Data Protection Act, 2019 — s.32

What withdrawal does and does not do

Withdrawal stops future processing that relied on your consent. It does not make past processing unlawful, and it does not affect processing carried out on a different lawful basis.

In practice: your programme registration rests on contract and on our legal obligations, not on consent. Withdrawing a photography consent therefore does not affect your registration — and we will always tell you plainly which of your data rests on consent and which does not, rather than leaving you to guess.

How long we have to respond

These periods are set by Kenyan law and are among the shortest anywhere. They are not service targets we have chosen — they are statutory deadlines we are bound by.

Statutory response periods under the Data Protection Act, 2019 and the Data Protection (General) Regulations, 2021.
Your requestOur deadlineProvision
Access to your personal data7 daysRegs 2021, reg. 9(4)
Correction of inaccurate data14 daysRegs 2021, reg. 10(4)
Deletion14 daysRegs 2021, reg. 12(3)
Restriction of processing14 daysRegs 2021
Objection to processing14 daysRegs 2021
Stopping third-party direct marketing7 daysRegs 2021
Data portability30 daysAct, 2019
Withdrawal of consentOn receiptAct, 2019, s.32

How to make a request

Five steps. The order matters, which is why they are numbered.

Identify what you are asking for

Access, correction, deletion, objection, restriction, portability or withdrawal of consent. If you are not sure which applies, describe the outcome you want and we will classify it correctly — you are not penalised for choosing the wrong label.

Complete the relevant form, or simply write to us

Forms are linked against each right above. An email or letter is equally valid. What matters is that we can identify you, understand the request, and locate the records.

Send it to the Data Protection Officer

By email to dpo@cuk.ac.ke, or by post to the Data Protection Officer, The Co-operative University of Kenya, P.O. Box 24814–00502, Nairobi.

Confirm your identity

Normally a copy of your national identification document or passport, and your student, staff or supplier reference where you have one. We ask because the largest risk in an access request is releasing your records to somebody impersonating you — and we will not ask for more than the sensitivity of the request warrants.

Receive our response

We acknowledge on receipt and respond within the statutory period. If we need to narrow or clarify the request we will contact you promptly rather than waiting until the deadline.

If we cannot do what you asked — or you are not satisfied

Some rights are qualified and some records are protected by other legal duties. Where we decline a request in whole or in part, we tell you which exemption we are relying on, what we have done instead, and how to challenge the decision. We will not simply refuse without explanation.

If you remain dissatisfied, you may lodge a complaint with the Office of the Data Protection Commissioner, the independent regulator established under the Data Protection Act, 2019. You may do so at any time. You are not required to raise the matter with us first, and you do not need our permission.

We would welcome the chance to put things right directly, because we can usually act faster than a regulatory process. But the right is yours, and we will neither obstruct nor discourage it.

Contact the Data Protection Office

Rights requests, privacy concerns, breach reports, questions about a notice, and guidance for departments planning a new collection all come to this office.

Contact the Data Protection Office
Address
The Co-operative University of Kenya
Karen, Nairobi
P.O. Box 24814–00502, Nairobi