For lawyers, accountants, insurers, and banks, records are more than just documents — they are the backbone of client trust. Within these files lie sensitive details: financial transactions, contracts, medical histories, legal strategies, and personal identification data. Protecting this information is not just good practice, it is a legal obligation under Kenya’s Data Protection Act (2019) and, for firms dealing with international clients, global frameworks like the GDPR.

At The Filing Room, we understand that confidentiality is the cornerstone of effective records management. Here’s how organisations can protect client data and mitigate the risks of breaches.

1. Legal and Regulatory Foundations

  • Data Protection Act, 2019 (Kenya)
    Requires all entities processing personal data to adopt safeguards around storage, access, and destruction. Sensitive data must not be retained longer than necessary and must be securely disposed of.

  • Global Standards (GDPR-style obligations)
    If you handle cross-border clients, the General Data Protection Regulation (GDPR) places emphasis on data minimisation, transparency, and demonstrable security controls.

  • Industry-Specific Requirements

    • Banks: Central Bank of Kenya (CBK) requires strict KYC and audit record retention.

    • Lawyers: Must preserve attorney-client privilege by ensuring no unauthorised access to files.

    • Accountants & Auditors: Bound by ICPAK and international audit standards to safeguard client financials.

    • Insurers: Must comply with IRA guidelines protecting policyholder information.

Compliance starts with understanding that every record — paper or digital — is subject to these obligations.

2. Internal Risks to Confidentiality

External hackers and data breaches often get the headlines, but internal lapses are far more common. Risks include:

  • Unrestricted access: Too many employees with access to all files increases the chance of misuse.

  • Poor storage practices: Sensitive files left in unlocked cabinets or unmonitored storerooms.

  • Human error: Misfiling, accidental disclosure, or mishandling during transport.

  • Inadequate training: Staff unaware of their obligations under data protection law.

A confidential file is only as secure as the system that controls its access.

3. Secure Document Storage and Access

To maintain confidentiality:

  • Controlled Access: Only authorised personnel should access sensitive files. Digital systems should use permissions and audit trails.

  • Physical Protections: Fire-proof storage, restricted entry, CCTV, and pest/flood safeguards.

  • Barcoding and Indexing: Ensure every file movement is tracked, reducing the risk of loss or unauthorised handling.

At The Filing Room, our O’Neil RS-SQL system logs every file retrieval and return, creating a full audit trail.

4. Digitisation and Secure Digital Management

Digitising paper files increases accessibility but also introduces risks if not done securely. Best practice includes:

  • Scan-on-Demand Services: Allowing digital access without removing paper originals from secure storage.

  • Secure Cloud Hosting: Servers must be DPA-compliant and equipped with encryption and backups.

  • Metadata and Traceability: Every scanned file should be linked back to its physical original for accountability.

Even digital files remain protected under the DPA — sending unencrypted email attachments or using unsecured drives can still amount to violations.

5. Certified Document Destruction

Retention periods eventually expire, and keeping records longer than necessary creates unnecessary risk. But disposal must be done correctly:

  • Shredding or Pulping: Documents should be permanently destroyed so they cannot be reconstructed.

  • Certificates of Destruction: Provide proof that the process complied with data protection standards.

  • No Customer Access to Disposal Areas: Prevents tampering or salvage of discarded documents.

The Filing Room provides Nairobi-based pulping services with destruction certificates for your compliance records.

6. Building a Confidentiality Culture

Technology and facilities are only part of the solution. Organisations must also:

  • Develop clear policies on access, retention, and disposal.

  • Conduct regular audits of document security.

  • Train employees on confidentiality obligations under the DPA and GDPR.

  • Partner with a trusted provider who understands both compliance and operational realities.

For professional service providers in Kenya, confidentiality in records management is not negotiable. From legal obligations under the DPA to the ethical duty of safeguarding client trust, secure handling of records is a core responsibility.

At The Filing Room, we combine 25+ years of expertise with robust systems to help lawyers, accountants, insurers, and banks protect their sensitive records. Whether through secure off-site storage, DPA-compliant digitisation, or certified destruction, we ensure your organisation is compliant, efficient, and trusted.

📧 info@filingroomkenya.com
📞 +254 20 2663263
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