Kenya will not share citizens’ personal medical records with the United States under the new Kenya–US Health Cooperation Framework, Health Cabinet Secretary Aden Duale said Sunday, moving to quell public concern over data privacy provisions in the seven-year deal.
In a statement, Duale said the agreement permits only the exchange of aggregated health data. He emphasized that no unique personal identifiers or individual medical files will be accessible to U.S. authorities, and that Kenya retains full control over what information is collected, why it is collected, how it is protected, and who is authorized to access it.
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The framework has sparked debate over privacy after a clause noted the two governments would negotiate a separate data-sharing agreement to enable implementation. Duale said that provision does not open the door to personal-level data transfer. Instead, he said, the material to be shared will be limited to totals, trends, performance indicators and other system-level metrics—explicitly excluding identification numbers, physical addresses or personal medical records.
Government officials said the framework aligns with Kenya’s constitutional right to privacy and is guided by the Health Act of 2017 and the Data Protection Act of 2019. The ministry characterized circulating claims that the United States would enjoy blanket access to all data gathered in local health facilities as “misleading allegations.”
The agreement also sets up a process-metric audit mechanism allowing the government to provide the U.S. with information needed to verify performance in up to 5% of randomly selected or mutually identified health facilities, clinics, laboratories or programs. Officials said the audits are designed to validate system performance, not to access individual patient charts.
Under the partnership, the U.S. government is expected to inject Ksh208 billion into Kenya’s health sector over the next five years, according to the ministry. The framework includes an additional two-year period dedicated to reporting, accountability and periodic review—bringing the total duration to seven years.
Duale said Kenya’s data sovereignty remains intact throughout the arrangement. Authorities will determine the scope and purpose of data collection, enforce security safeguards and authorize access in line with domestic law, he said.
What the framework allows, according to the ministry:
- Sharing of aggregated data such as totals, trends, performance indicators and system-level metrics
- Independent verification of program performance in up to 5% of selected facilities and programs
- Data use limited to implementation, monitoring and evaluation as defined by Kenyan authorities
What it does not allow, officials said:
- Transfer of individual medical files or unique personal identifiers
- Access to ID numbers, physical addresses or other personally identifiable information
- Unrestricted or blanket access to health facility records by foreign governments
The Ministry of Health framed the cooperation as a bid to improve outcomes through measurable system performance while maintaining the privacy rights of patients. It pledged to uphold the safeguards embedded in the Data Protection Act of 2019, including purpose limitation, data minimization and strict access controls.
Public scrutiny is expected to continue as the separate implementation-focused data-sharing agreement is negotiated. The ministry said any information exchanges will be governed by Kenyan law and subject to continuous oversight, with reporting and accountability embedded through the life of the framework.
By Ali Musa
Axadle Times international–Monitoring.
