Nairobi — The United States has moved to reassure Kenyans over data privacy concerns following the signing of the Health Cooperation Framework between the two countries.
U.S. Department of State Deputy Spokesperson Mignon Houston said all health data shared under the agreement remains the property of the Kenyan government and is protected under Kenya's privacy laws.
"We are very clear that all of the foreign health assistance, the data that will be used, is owned by the Kenyan government under their laws for privacy and protection," Houston said.
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She explained that the framework does not introduce a new model of data control by the United States but instead strengthens collaboration with the Kenyan government.
"Unlike previous arrangements where data may have been handled primarily by U.S.-funded non-governmental organisations, the new framework prioritises direct partnership with Kenyan authorities," Houston said.
The Deputy Spokesperson clarified that the data involved is epidemiological information used to track and respond to diseases such as malaria, tuberculosis, polio and HIV, and does not include personally identifiable information.
Houston added that any access to health data would be conducted in partnership with the Kenyan government and strictly in accordance with Kenyan law.
"It is data that does not include personally identifiable information or that sort of information, and it is purely owned by the government of Kenya," she said.
Concerns have been raised by sections of the public that the deal could allow the United States access to personal medical records, including HIV status, tuberculosis treatment history and vaccination data.
One of the groups that moved to court over the agreement, the Consumer Federation of Kenya (Cofek), argued that Kenya risked ceding strategic control of its health systems if pharmaceuticals for emerging diseases and digital infrastructure -- including cloud storage of raw data -- were externally controlled.
The High Court has barred the implementation of the framework pending the hearing and determination of the case.
Kenya's government has also sought to reassure the public over the agreement.
"We emphasise that this framework was drafted with strict adherence to due process, ensuring that Kenya's sovereignty, data ownership and intellectual property are fully protected," the Health Cabinet Secretary said in a statement on Friday.
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President William Ruto said the Attorney-General had reviewed the agreement "with a tooth comb" to ensure that "the law that prevails on data that belongs to the people of Kenya is the Kenyan law".
The case is scheduled to return to court on February 12.
