Introduction
The Judicial Service Commission is an independent Commission established under Article 171 of the Constitution to promote and facilitate the independence and accountability of the Judiciary and the efficient, effective, and transparent administration of justice.
Under Article 172 (1)(a) to (e) of the Constitution, the Commission is charged with the following mandate;
- Recommend to the President persons for appointment as judges;
- Review and make recommendations on the condition of service of-
- Judges and judicial officers, other than their remuneration; and
- The staff of the Judiciary
- Appoint, receive complaints against, investigate, and remove from office or otherwise discipline registrars, magistrates, other judicial officers, and other staff of the Judiciary, in the manner prescribed by an Act of Parliament.
- Prepare and implement programmes for the continuing education and training of judges and judicial officers; and
- Advise the national government on improving the efficiency of the administration of justice
In order to actualize the above mandate, the Commission processes personal data and acts as a Data Controller and Processor as defined under the Data Protection Act, 2019.
The Commission has prepared this Privacy Notice to ensure effective and efficient management of data belonging to Judges, Judicial Officers, judicial staff, and stakeholders. The notice is also intended to assist the Commission in upholding the principles, guidelines, and procedures for processing storing, and accessing the said data.
Disclaimer
The Commission’s website and its services are not intended for individuals in locations where the Commission is prohibited by law from providing information through its website. It is also not intended for any use that would contradict local laws or regulations.
Data Protection Principles
The Data Protection Act sets out the following principles which anyone handling personal data must comply. All personal data must be;
- processed in accordance with the right to privacy of the data subject;
- processed lawfully, fairly and in a transparent manner in relation to any data subject;
- collected for explicit, specified and legitimate purposes and not further processed in a manner incompatible with those purposes;
- adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
- accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;
- collected only where a valid explanation is provided whenever information relating to family or private affairs is required;
- accurate and, where necessary, kept up to date, with every reasonable step being taken to ensure that any inaccurate personal data is erased or rectified without delay;
- kept in a form that identifies the data subjects for no longer than is necessary for the purposes for which it was collected
- not transferred outside Kenya, unless there is proof of adequate data protection safeguards or consent from the data subject.
Data Collection
The Commission collects personal data from job applicants, employees, stakeholders, complainants and other individuals with whom we interact. This personal data may include but is not limited to, names, addresses, telephone numbers, email addresses, and employment information.
Use of Personal Data
The Commission uses personal data to carry out its functions, including recruitment and selection, employee management, complaint processing and communication with stakeholders. The Commission may also use personal data for statistical analysis and research.
Data Sharing
The JSC may share personal data with third-party service providers for the purpose of carrying out its functions. These third-party service providers are subject to strict confidentiality agreements and are only permitted to use personal data for the purpose of providing services to the JSC.
Data Security
The JSC takes appropriate measures to protect personal data from unauthorized access, alteration, disclosure, or destruction. This includes implementing physical, electronic, and administrative security measures.
Data Retention
The JSC will retain personal data for as long as necessary to fulfill the purpose for which it was collected, or as required by law.
Access to Personal Data
Individuals have the right to access their personal data held by the JSC. Requests for access to personal data should be submitted in writing to the JSC.
Data Confidentiality
Your information is regarded as confidential and will not be divulged to any third party, except under legal and/or regulatory conditions. You have the right to request copies of any and all information we keep on you if such requests are made in compliance with applicable laws and other relevant enactments.
While we are responsible for safeguarding the information entrusted to us, your role in fulfilling confidentiality duties includes but is not limited to, adopting, and enforcing appropriate security measures such as non-sharing of passwords and other platform login details, adherence to physical security protocols on our premises, dealing with only authorized officers at the Commission.
Disclosures
We will not sell, publish, or disclose to third parties your personal data collected on our website, through our servers, or otherwise obtained by us, other than to provide our services and as set forth in this notice.
Information Sharing
We may share generic aggregated demographic information not linked to any personally identifiable information with stakeholders, trusted affiliates, and professional advisers for the purposes outlined above. We may share your information with these third parties for those limited purposes if you have given us your permission and in compliance with the Data Protection Legislation.
Third Parties Request
We may request and provide information about you from and to third parties to provide our service.
Data Breach
We will notify you as soon as we become aware of a harmful data breach that may result in a risk to your rights and freedom.
Right of Erasure
You have the right to request an erasure of your data at any time.
Data Transfer
We will notify you if we are transferring your data.
Data Processing
The JSC undertakes to adhere to the principles of lawful processing of data in accordance with the Data Protection Laws. You may request at any time that we halt further dissemination of your data or cease to use your data. If you submit content in a public forum or a social media post or use a similar feature on our website, that content is publicly visible.
Legitimate Interest/Vital Interest
We may disclose Personally Identifiable Information if required to do so by law or in the good faith and belief that such action is necessary to;
- conform with the requirements of the law or comply with legal process served on us, or;
- act in urgent circumstances to protect the personal safety of users of our service or members of the public.
To the extent practicable and legally permitted, we will attempt to advise you prior to any such disclosure, so that you may seek a protective order or other relief limiting such disclosure.
Contact Information
If you have any questions or concerns about this Privacy Policy or the JSC’s handling of personal data, please contact us at
Email: jscsecretariat@jsc.go.ke
Tel: 0202739180
P.O. Box 40048-00100, Nairobi