Kenya Data Protection Act (DPA 2019) Governance

Maternal Record Privacy & Governance Policy

Mama Care operates a trusted maternal health coordination platform in Kenya. We protect sensitive maternal and neonatal health records with end-to-end encryption, strict role-based access, and complete legal transparency under Kenyan law.

Jurisdiction: Kenya (ODPC)
ODPC Reg: ODPC/DATA-CTRL/2026/0419
Effective: 17 July 2026
Version: 1.0 last updated 17 July 2026

Mama Care Safeguards at a Glance

Select your role to view a quick summary of how your information is protected.

Sensitive Maternal Record Protection Guarantee

Your pregnancy details, ANC visit dates, diagnostic results, and SMS reminders are strictly confidential and encrypted (AES-256). We never sell your health data or use it for commercial profiling. You can request a copy or deletion of your records at any time.

1. Who We Are

Mama Care Technologies Ltd.("we", "us", "our") operates Mama Care, a specialized maternal healthcare platform serving expectant mothers, community health workers (CHWs), clinical staff, and healthcare facility administrators across Kenya.

We are registered with the Office of the Data Protection Commissioner (ODPC) as a data controller and data processor under the Kenya Data Protection Act, 2019 (Act No. 24 of 2019).

Data Controller Registration: ODPC/DATA-CTRL/2026/0419
Primary Contact Officer: Data Protection Officer
Official Privacy Email: privacy@mamacare.co.ke

2. What Data We Collect

We adhere strictly to the principle of data minimisation under Section 25 of the DPA, collecting only personal information necessary for providing safe, high-quality maternal healthcare.

Mothers & Expectant Patients

  • Full name, date of birth, national ID / passport
  • Phone number and village / sub-county location
  • Gestational age, EDD, parity, & pregnancy history
  • ANC visit notes, clinical diagnoses, and referrals
  • Obstetric danger signs and emergency dispatch alerts
  • SMS and WhatsApp appointment communications

Clinicians & Community Workers

  • Full name, professional license number, MFL facility code
  • CHW ID and assigned community catchment zone
  • System audit logs (records accessed, timestamps)
  • Encrypted login credentials and role permissions
  • App telemetry, operating system, and security logs

3. Why We Collect Your Data

PurposeDescription & Practical Application
Maternal Care DeliveryEnabling clinicians and CHWs to coordinate antenatal visits, monitor vital signs, and maintain continuous care profiles.
Reminders & AlertsSending SMS and WhatsApp notifications for upcoming ANC appointments and critical danger signs.
Emergency Obstetric CareRouting urgent alerts to emergency health teams when life-threatening complications occur during labor or pregnancy.
Public Health ReportingSubmitting anonymised, aggregated metrics to the Ministry of Health via DHIS2 for national maternal health indicators.
Platform SecurityAuditing access logs to detect and prevent unauthorized entry into sensitive clinical records.

4. Lawful Bases for Processing

Under Section 30 of the Kenya Data Protection Act, every processing activity must have a defined legal basis:

Explicit ConsentMaternal Health Records & Communications
Obtained during registration; withdrawable anytime.
Vital InterestsObstetric Emergency Dispatches
Invoked when immediate health or life is threatened.
Legal ObligationKenya Health Act Compliance
Mandatory disease notification and medical retention laws.

5. Data Protection Principles

Your health data is never sold, leased, or shared with commercial advertisers or third-party data brokers. All data operations are governed by Section 25 of the DPA: lawful, transparent, purpose-bound, and accurate.

6. Who We Share Data With

RecipientData SharedPurpose & Legal Safeguard
Assigned Facility CliniciansFull Maternal Clinical ProfileContinuity of clinical care
Community Health WorkersVisit Schedule & Contact InfoHome visitation & ANC follow-up
Ministry of Health / DHIS2Anonymised MetricsNational health statistics & reporting
SMS & Messaging GatewaysEncrypted Phone Number & TextAppointment reminders via DPA Data Processing Agreements

7. Cross-Border Data Transfers

Mama Care utilizes enterprise cloud hosting provided by Hetzner Cloud Infrastructure in EU (Germany). Data stored outside Kenya is bound by Standard Contractual Clauses (SCCs) and Data Processing Agreements ensuring security standards equivalent to or higher than the Kenya Data Protection Act.

8. Retention Periods

10 Years
Maternal Health Records
Required by Kenya Health Act for clinical continuity.
2 Years
SMS & Communication Logs
Audit verification & delivery tracking.
12 Months
Security Audit Logs
System security and access monitoring.

9. Your Data Rights

Under Section 26 of the Kenya Data Protection Act, you possess clear rights regarding your personal health data:

Right of Access: Obtain a copy of all health data held under your profile.
Right to Rectification: Request immediate correction of inaccurate clinical entries.
Right to Erasure: Request deletion where medical retention laws do not override.
Right to Withdraw Consent: Revoke consent for optional communications at any time.

Exercise Your Rights Online

Submit an official Data Rights Request. We process and respond within 7 calendar days.

Submit Rights Request

10. Technical & Organisational Security

AES-256 EncryptionData encrypted at rest and in transit (TLS 1.3).
Role-Based AccessClinical staff only view assigned patients.

11. Maternal Minors & Consent

In accordance with Section 33 of the DPA and Kenyan maternal health guidelines, where a pregnant patient is under 18 years of age, consent is managed with heightened privacy protections. Emergency care processing to protect the vital interests of the young mother or child proceeds immediately without administrative delay.

12. Data Breach Incident Response

In the event of a security breach affecting personal health data, Mama Care notifies the ODPC within 72 hours and informs affected data subjects without undue delay, outlining mitigation steps taken.

13. Policy Revisions

Material updates to this policy are communicated via SMS or in-app notification before taking effect. Continued use of the platform constitutes acknowledgment of the revised governance framework.

14. Contact Us & ODPC Escalation

For inquiries, rights requests, or privacy concerns, reach our Data Protection team directly:

Organization: Mama Care Technologies Ltd.
Data Protection Officer: Data Protection Officer
Phone: +254 (0) 20 790 4000
Address: Mama Care Hub, 4th Floor, Upper Hill, Nairobi, Kenya
Office of the Data Protection Commissioner (ODPC)

If you are unsatisfied with our response, you may escalate your complaint to the Data Commissioner:

Britam Towers, 12th Floor, Hospital Road, Upper Hill, Nairobi, Kenya
Visit ODPC Portal (odpc.go.ke)