The Kenya Revenue Authority (KRA) has reaffirmed that data collected will be protected by existing laws, while dispelling fears over data privacy following the bodycam rollout to customs officers nationwide on Tuesday. The response on Wednesday, March 11, came after several netizens, especially on X, raised concerns fearing that the footage captured by the bodycams would not be used for the intended purpose. KRA stressed that the recordings will be processed in accordance with the law governing data handling in Kenya.
The introduction of body cameras for customs officers nationwide has raised questions over data privacy and consent requirements for the recordings, but KRA is now dispelling these concerns. KRA reaffirmed that the 350 bodycams deployed to customs staff will be used within the framework of the Data Protection Act, 2019 (Kenya) to support transparency, accountability, and proper documentation of official border interactions.
"The recordings are processed in accordance with the principles of lawful processing under the Data Protection Act, 2019 (Kenya). KRA body-worn cameras are used within this framework to support transparency, accountability, and proper documentation of official border interactions," KRA reaffirmed.
Data privacy for CCTV footage and bodycams in Kenya is anchored in the Constitution of Kenya (2010), particularly Article 31 on privacy, and the Data Protection Act, 2019, enforced by the Office of the Data Protection Commissioner, which treats video recordings as personal data. The legal framework also includes the Data Protection (General) Regulations, 2021, which outline requirements for handling personal data, and the Computer Misuse and Cybercrimes Act, which prohibits unlawful interception of communications, including sensitive audio-enabled surveillance systems.
Entities must ensure transparency with visible signage, purpose limitation, data minimisation, avoiding private spaces like bathrooms, and conduct Data Protection Impact Assessments (DPIAs) to prevent tampering or misuse. KRA says the cameras will record interactions between officers and travellers, creating verifiable digital records that can be quickly reviewed for complaints about inspections, taxes, or conduct at borders.
Failure to comply can result in penalties, including fines up to Ksh5 million or one per cent of annual turnover, imprisonment, and civil liability. One netizen on X asked: "Will the 350 bodycams deployed by KRA to their customs staff stop bribery and tax evasion? Or it will raise legal battles of privacy?"
