WASHINGTON, D.C. – The United States has sought to calm growing public concern over data privacy following the signing of a Health Cooperation Framework with Kenya, insisting that all health data shared under the agreement remains the property of the Kenyan government and is protected by local law.
U.S. Department of State Deputy Spokesperson Mignon Houston said the framework does not give Washington control over Kenya’s health data, nor does it allow access to personal medical records.
“We are very clear that all of the foreign health assistance, the data that will be used, is owned by the Kenyan government under their laws for privacy and protection,” Houston said.
She explained that the agreement marks a shift from earlier arrangements in which health data was often handled by U.S.-funded non-governmental organisations, towards a model that prioritises direct collaboration with Kenyan authorities.
According to Houston, the data covered under the framework is limited to epidemiological information used to track and respond to public health threats such as malaria, tuberculosis, polio and HIV.
“It does not include personally identifiable information,” she said, adding that any access to the data would be conducted jointly with the Kenyan government and strictly in line with Kenyan law.
The assurances come amid public anxiety and legal action over the deal, with critics warning that it could expose sensitive medical information or weaken Kenya’s control over its health systems.
The Consumer Federation of Kenya (Cofek), which has moved to court to block the agreement, argues that the framework risks ceding strategic control of the country’s health sector.
The group has raised concerns over the external control of pharmaceuticals for emerging diseases and digital infrastructure, including cloud-based storage of raw health data.
Last week, the High Court barred the implementation of the framework pending the hearing and determination of the case.
The Kenyan government has also defended the agreement, saying it was developed in compliance with the law and safeguards national interests.
“We emphasise that this framework was drafted with strict adherence to due process, ensuring that Kenya’s sovereignty, data ownership and intellectual property are fully protected,” the Health Cabinet Secretary said in a statement on Friday.
President William Ruto has similarly defended the deal, saying the Attorney-General reviewed it “with a tooth comb” to ensure that Kenyan law governs any data belonging to the country’s citizens.
The case is set to return to court on February 12.
