Data Protection Laws have Social, Political, and Economic Benefits

While undertaking an online course by the World Bank Group titled DIGITAL DIVIDENDS, Strengthening the Analog Foundation of the Digital Revolution, a key learning is that protecting personal privacy and data online is essential in building trust in the internet.

Here, I argue that good data protection and privacy laws will not only serve to ensure that users’ information is used lawfully but will also improve the social, political, and economic environment by introducing a uniform approach for all actors to handling data.

As of 3^rd December 2017, Kenya does not have a comprehensive statutory data protection and privacy regulation.

The mobile money transfer innovation M PESA has made it easier for people to send, receive, and loan money in Kenya like never before.

In the absence of a stringent data protection policy, unprofessional M PESA agents have resorted to selling users data to the highest bidders as a way of making extra money.

The result has been, especially during elections, M PESA users receiving campaign messages from politicians they haven’t surrendered their details to.

First, in the case highlighted above, a data protection policy would reinforce the understanding that the legal responsibility of how the client’s information is used is placed on the entity collecting and controlling the information.

In this case, in addition to the organizational policies that discourage unlawful sharing of client information, a national policy with deterrent sanctions for the same would serve to aid in protection of client information.

Additionally, all organizations would have to ensure that their in-house data protection policies are in line with the national policy to avoid legal challenges and sanctions.

Secondly, certainty about a country’s data protection inclination is good for investment and for the country’s inclusion in the global business chain. 

According to a 2015 report by the Swedish National Board of Trade titled No Transfer, No Production, big businesses and multinationals like to invest where there are clear stipulations on how they are expected to process client information for fear of legal repercussions. 

By extension, a good data protection and privacy policy will ensure that both big and small companies are subjected to a uniform legal regime that ensures that neither has advantage over the other.

In order to attract more investment, which regardless of the sector now requires enterprises to handle a lot of data, countries should adopt data protection and privacy laws based on internationally adopted standards.

While the General Data Protection Regulation (GDPR)’s jurisdiction is only Europe, it espouses better protection for customer information to be applied in other parts of the world. In Africa, the June 2014 Africa Union Convention on Cyber- security encapsulates provisions for protection of data though it is largely unenforced.

Third, on the political plane, a clear data protection and privacy policy will safeguard users from undue surveillance from both state and non-state actors.

In June 2017, the Communications Authority in Kenya attempted to coerce telecommunications companies in Kenya to install DMS (Device Management Systems) devices in their servers to purportedly help them detect and eliminate counterfeit telecommunication gadgets.

Kenyan civil society organizations however successfully challenged the move in court terming it as an attempt by the Communications Authority to introduce into the servers, devices that could allow them to snoop into citizens’ communications during the electioneering period.

According to a March 2017 report by Privacy International and the National Coalition of Human Rights Defenders-Kenya titled State of Privacy in Kenya, found that recent legal changes have diluted protections for citizens data and broadened state agencies powers to intercept communications.

These made it possible for the Communications Authority to attempt the illegality shared above despite the fact that the Constitution of Kenya 2010 expressly guarantees citizens right to privacy. A lack of a national policy will provide bad leeway for state agencies to interfere with citizens information and privacy.

By extension, this will negatively affect citizens’ participation in politics for fear of their communications being exposed especially for communicating positions that are unpopular.

Data protection and privacy have a direct impact on the exercise of freedom of expression and access to information.

According to a March 2017 report titled Global Principles on Freedom of Expression and Privacy by ARTICLE 19, an international non-governmental organization that advocates for freedom of expression any restrictions to people’s privacy should be necessary, proportionate, and legitimate.

All restrictions to citizens’ enjoyment of their data protection and privacy laws should be validated by a court to determine its need in a democratic society.

All limitations to the enjoyment of protection and privacy laws should be clearly and narrowly defined to ensure that they do not negatively affect citizens’ exercise of expression.

From the foregoing, it is important that other countries like Kenya that are yet to adopt data protection laws should do so in line with internationally laid standards on the same.

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