Mombasa PWDs want data law reviewed for inclusion

Stella Mwangilla and Lucas Muchegi of Seya Youth Organisation in Mombasa on Wednesday /BRIAN OTIENO

Persons living with disability in Mombasa County have called for a review of the Data Protection Act, 2019, arguing that the law is silent on key aspects affecting their access to information.

During a meeting held on Wednesday, several visually and hearing-impaired individuals highlighted the difficulties they face in obtaining crucial information about their rights from government institutions.

Lucas Muchegi of Seya Youth Organization said accessing information is often a major challenge for PWDs, particularly those with visual or hearing impairments.

“Most of what is discussed across different sectors just passes them by because of their conditions. It infringes on their right to access accurate information regarding their lives,” he said.

The meeting, part of the Civic Digital Inclusion Policy Lab funded by Internews Europe through Internews Kenya, sought to gather insights from PWDs to inform a policy brief advocating for a more inclusive law.

“We are pushing for a tailor-made data protection law that will be usable by everyone, regardless of their challenges,” Muchegi said.

Abdul Hassan, Coast regional coordinator of the Short Stature Society of Kenya, highlighted challenges faced by hearing-impaired individuals when accessing health services.

“Medics often lack the skills to communicate effectively with them, forcing reliance on third parties, which infringes on their privacy,” he said, urging training in sign language for health workers.

Stella Wangila of Beyond Barriers Persons With Disability CBO called for broader national discussions on PWD issues.

She noted that although the Disability Act exists, its implementation remains weak, citing the lack of follow-up on the six-month sign language courses for graduates.

Jimmy Mwaita of Seya Youth Organization emphasised that most PWDs are unaware of the Data Protection Act and how their personal data is collected and used.

“The data subject must understand their rights so they know when their data has been misused and which channels to seek remedy,” he said.

Mwaita also highlighted the need for accessible formats, such as audio clips for the visually impaired and Swahili versions for those without formal education.

The discussions underscored the urgent need for a more inclusive approach to data protection that ensures PWDs can access, understand, and exercise their rights fully.

INSTANT ANALYSIS

The call by PWDs in Mombasa for a review of the Data Protection Act, 2019, highlights critical accessibility gaps in Kenya’s legal framework. The current law fails to address the unique challenges faced by visually and hearing-impaired individuals in accessing information about their rights. Lack of accessible formats, absence of sign language integration in public services, and limited awareness of data rights undermine PWDs’ ability to protect their personal information. A tailored policy that incorporates inclusive communication, local language versions, and digital accessibility would strengthen compliance, enhance civic participation, and uphold the fundamental rights of PWDs, ensuring no one is left behind.