The government has released the full scope of rules which the United States must adhere to following the signing of a multi-billion shilling health deal between Presidents Donald Trump and William Ruto's administrations.
On Monday, December 8, Health Cabinet Secretary Aden Duale made public the full document detailing particulars of the agreement in accordance with Article 35 of the Constitution on Access to Information.
The document outlined the Data Sharing Agreement between Kenya and the United States, detailing strict standards and conditions guiding access to Kenya's health data.
Since health data is a national strategic asset under the Digital Health Act of 2023, the data sharing agreement clearly defines how Kenya will share data from health programs covered under the cooperation framework.
Rules U.S. Must Follow
For one thing, Kenya will avoid sharing individual-level or personally identifiable information unless it is absolutely necessary. Instead, the government will focus on aggregate, non-identifiable data.
Data sharing is set to run for seven years, during which information will be accessed mainly through dashboards, reporting tools and other secure digital platforms.
The Kenyan government will also ensure that all covered systems will remain functional, and the U.S. will be notified of any system outages, updates or disruptions which could potentially affect access.
In the event the United States reduces or terminates funding for supported health programs, Kenya reserves the right to restrict or halt data sharing altogether.
Further, the U.S. is only permitted to use Kenyan data for purposes outlined in the cooperation framework. Applying the data to unrelated projects or activities would be considered a breach of the agreement.
In terms of storage, all data must be stored, archived and disposed of according to Kenyan law and U.S. federal record standards, with Kenyan requirements taking priority in case of conflict between the two nations.
The U.S. is also required to immediately report to Kenya in the event of any unauthorised access or data breach. This should be within timelines mandated by Kenyan law, and the U.S should provide full documentation of the incident.
Kenyan will also retain complete ownership and intellectual property rights over all data, and any publications using Kenyan data must include Kenyan co-authors and receive official approvals.
The agreement, which will be in effect for seven years, can only be amended or terminated through mutual written consent to ensure Kenya maintains clear oversight of its health data.
