Event Report: Data Privacy and Governance Society of Kenya (DPGSK) Annual Conference and Research Day, Strathmore University, Nairobi
On 22 October 2025, Tendai Mikioni attended the Data Privacy and Governance Society of Kenya (DPGSK) Annual Conference and Research Day held at Strathmore University in Nairobi The event was hosted by DPGSK in collaboration with the Centre for Intellectual Property and Information Technology Law (CIPIT) and Amnesty International Kenya. The conference explored a range of themes including data governance frameworks that advance the public interest, transparency and accountability in data governance, regulatory compliance in African contexts, balancing legal grounds and public benefit in data processing, data protection impact assessments, data rights and participatory governance, governing image rights within cultural contexts, and security and resilience in data systems [see the programme]..
Tendai presented a paper titled “Lens and the Law: Governing Image Rights in Cultural Contexts through Intellectual Property and Beyond.” Having long been fascinated by image rights, he used this opportunity to approach the subject with an awareness of its cultural dimensions. In his presentation, Tendai highlighted how intellectual property frameworks in Africa, particularly in South Africa, tend to be individualistic. This makes it difficult, if not impossible, to ensure that communities, rather than individuals, receive recognition and protection for their cultural images. He further noted that although copyright law appears to be evolving toward recognising traditional works and acknowledging traditional communities as juristic persons, this remains a futuristic development since the relevant Bill is still under review. Tendai concluded, in agreement with other panellists, that the current intellectual property regime is inadequate for protecting image rights in cultural contexts.
Beyond his presentation, Tendai also participated actively in other discussions. One of his key takeaways came from Victor Ndede, Technology and Human Rights Manager at Amnesty International Kenya, who stated that “the processing and collection of data have a real impact on lives… There is a correlation between data and the people it affects.” This observation highlights how government policies and decisions, such as access to healthcare, education, and social services, are informed by data. Tendai also noted the recurring concern over data quality, as some speakers pointed out that inaccurate or misleading self-reporting by individuals leads to poor-quality datasets. Such flaws ultimately affect decision-making processes and algorithmic outputs that rely on this data.
We wish Tendai the best as he develops his presentation into a full paper and continues to explore ways of protecting cultural image rights. He extends his gratitude to the DSI-NRF SARChI Chair: IP, Innovation and Development and to OpenAIR for supporting his participation in this trip, and to the Data Privacy and Governance Society of Kenya, CIPIT, and Amnesty International Kenya for hosting such a stimulating and insightful event.
