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Terms & Conditions

Terms of Use and Privacy Policy

This Ministry of Petroleum and Mining (MoPM) Terms of Use and Privacy Policy (ToUPP) provides information about the ways in which the MoPM collects, stores and uses personal data relating to individuals (data subjects). This Terms of Use and Privacy Policy relates to personal data received by the MOPM where data subjects, contact, request information from, or provides information to the Ministry for purposes relating to the Terms of use and Privacy to the MOPM directly, and also personal data received by the MOPM indirectly, and as set out below.


Ministry of Petroleum and Mining

The Ministry of Petroleum and Mining’s mandate is derived from Executive Order No. 1 of May 2020 (Revised) on the Organization of the Government of the Republic of Kenya.

Ministry Mandate:

The Ministry’s Mandate is as follows;

  1. Petroleum Policy Development;
  2. Strategic Petroleum Stock Management;
  3. Promotion and marketing of oil and gas investment opportunities
  4. Management, commercialization and marketing of discovered oil and gas resources;
  5. Development and review of the Petroleum Master Plan;
  6. Oil and Gas Exploration Policy Development;
  7. Oil and Gas Sector Capacity Development;
  8. Petroleum Products, Import/ Export/Marketing Policy Management;
  9. Licensing of Petroleum Marketing and Handling;
  10. Quality Control of Petroleum Products;
  11. Formulation of policies on extractive industry;
  12. Undertaking mineral exploration and mining policy management;
  13. Development of inventory and mapping of mineral resources;
  14. Formulation of mining and minerals development policies;
  15. Maintenance of geological data;
  16. Policies on the management of quarrying of rocks and industrial minerals;
  17. Management of health conditions and health and safety in mines;
  18. Mining capacity development; and
  19. Promotion of mineral value addition.

Contact details
The MOPM is the controller for the personal data it processes. You can contact the MOPM in a number of ways, which are set out on the contact page of our website.

COLLECTION AND PROCESSING OF PERSONAL DATA BY THE MOPM
The MOPM processes personal data for a number of different purposes, which arise from its statutory powers, functions and duties.
Some examples of the purposes for which the MOPM may collect personal data in accordance with its functions are:

  • Complaint handling – including personal data received from a data subject directly (or through his or her representatives) where the data subject makes a complaint to the MOPM; personal data relating to a data subject received by the MOPM from an organization about which the MOPM has received a complaint; and personal data relating to a data subject received by the MOPM from a complainant.
  • Inquiries and investigations – including personal data received from data subjects directly; and personal data received from an organization, which is the subject of an inquiry or investigation. This will also include personal data received by the MOPM in conducting investigations and inspections;
  • Breach notifications – including personal data contained in breach notifications to the MOPM;
  • Queries and concerns – including personal data received from individuals who have raised queries or concerns with the MOPM;
  • Service providers and suppliers – including personal data obtained from service providers or suppliers engaged by the MOPM;
  • Conferences, events and stakeholder forums – including personal data relating to attendees at conferences, events and stakeholder forums organized by the MOPM.

WHAT PERSONAL DATA DOES THE MOPM PROCESS?

Personal data
As set out above, the MOPM processes personal data. This includes, as set out above, personal data received by the MOPM where data subjects contact, or request information from, the MOPM directly, and personal data received by the MOPM indirectly.
The personal data that we process includes (i) basic personal information, such as a data subject’s name / surname; the company or organization a data subject works for; (ii) contact information, such as a data subject’s postal address, email address and phone number(s); and (iii) any other personal data that is provided to the MOPM during the course of the performance of its functions.

Sensitive data
The MOPM may also processes special category data. This includes, as set out above, special category data received by the MOPM where data subjects contact, or request information from, the MOPM directly, and sensitive data received by the MOPM indirectly. Such sensitive data may include a natural person’s race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person’s children, parents, spouse or spouses, sex or the sexual orientation.

WHO ARE THE RECIPIENTS OF PERSONAL DATA PROCESSED BY THE MOPM?

Disclosure to third parties
Personal data collected by the MOPM is held confidentially and is not shared by the MOPM with any third parties, with the following exceptions:

  • Where the sharing of the personal data is necessary for the performance by the MOPM of its functions.  This may arise, for example, in the context of complaints handling, where the MOPM will usually disclose the complainant’s identity and the subject matter of the complaint to the data controller or data processor against whom the complaint is made. This is required both for practicality (because without disclosing the identity of the complainant in this manner, it will likely be impossible for the MOPM to investigate the complaint) as well as to ensure procedural fairness.
  • In the case of cross border processing or for the purpose of co-operation with other supervisory authorities. In certain circumstances, the MOPM must cooperate with and assist other Authorities globally, in handing complaints and investigations.  This may arise, for example, where the matter involves cross border processing.  In such circumstances, in accordance with the law, we may share some or all of the content of the MOPM’s file with the relevant Authority(s).
  • For the purpose of legal proceedings. In the event that the matter or complaint in question is brought before the Courts, the materials, including any information, documents or submissions provided by an individual, may be made public in open court.
  • In the case of service providers or suppliers to the MOPM. The MOPM uses data processors to provide certain services to the MOPM. The MOPM requires such processors to abide by certain terms to protect any personal data which is processed by the service provider/supplier during the course of providing the service.

How Long Does the MOPM Retain Personal Data?
The retention periods for personal data held by the MOPM are based on the requirements of the data protection legislation and on the purpose for which the personal data is collected and processed. For example, in the case of complaints, the MOPM will retain personal data (as contained on its case file) for as long as is necessary for the handling of the complaint and for any subsequent action that is required.
The retention periods applied by the MOPM to personal data which it processes are also, in certain circumstances, based on legal and regulatory requirements to retain information for a specified period and on the relevant limitation periods for taking legal action.

Your Data Protection Rights

Under data protection law, data subjects have certain rights. The data subject rights are:

  1. The right to be informed about the processing of your personal data;
  2. The right to access your personal data;
  3. The right to rectification of your personal data;
  4. The right to erasure of your personal data;
  5. The right to data portability;
  6. The right to object to processing of your personal data; and
  7. The right to restrict processing of your personal data.

YOUR RIGHT TO COMPLAIN
If you have any concerns in relation to the manner in which we process your personal data, you can contact us on complaints@petroleumandmining.go.ke or fill out the form on our report a concern page.

CHANGES TO OUR TERMS OF USE AND PRIVACY POLICY
This Terms of Use and Privacy Policy is kept under regular review and is therefore subject to change. If you have any comments or queries in relation to this Terms of Use and Privacy Policy, please forward same to info@petroleumandmining.go.ke