What You Need to Know About Data Consent and Protection- What Apps Can Collect and Your Rights to Control It.

This morning’s news had me intrigued—Twilio, the communications giant from San Francisco, is facing a lawsuit. They’re accused of using their Segment SDK to collect data without proper consent.”

The case, which was filed in federal court in San Francisco, claims that Twilio’s solution violates America’s Wiretap Act, the California Wiretap Act, and California’s Comprehensive Computer Data Access and Fraud Act (CDAFA).

Segment SDK is used by mobile apps to collect and analyze user data. However, the lawsuit alleges that Twilio’s tool has been “surreptitiously” accessing and harvesting information outside of this remit, including search terms, keystrokes, search results, button and menu interactions, and requested pages.

That made me wonder, do you know what information apps and sites are allowed to get from you?

In Kenya, the Data Protection Act, of 2019 governs how apps and websites can collect and use your personal information. This law aims to ensure your privacy and give you control over your data.

Here’s a breakdown of what information apps and websites can legally collect from you, and how consent impacts this:

Types of Data Legally Allowed:

1. Personal Information: This includes your name, email address, phone number, and other details that can identify you.

2. Usage Data: This tracks how you interact with the app or website, such as the pages you visit, how long you spend on them, and the features you use.

3. Device Information: This includes details about your device, like its type, operating system, IP address, and browser type.

4. Location Data: Apps can access your location if you permit them.

5. Cookies and Tracking Technologies: These can be used to track your browsing behavior across different websites.

Consent and Third-Party Sharing:

Kenyan law mandates that apps and websites must obtain your explicit consent before collecting your data. This means they need to clearly explain what data they want to collect and how they plan to use it. When you check the box giving consent, you are generally agreeing to:

Data Collection: The app or website can collect and use your data as outlined in their privacy policy.

2. Third-Party Sharing: You may be consenting to share your data with third-party partners, like advertisers, analytics services, or other service providers.

So in a nutshell this is what you should not forget:

One. The data collected must be for a specific, legitimate purpose. The app or website cannot collect your data for reasons not disclosed to you. Two, only the necessary data should be collected. Apps and websites should not collect more data than they need for their stated purpose. Three, you have the right to know what data is being collected and how it is being used. Apps and websites must be transparent about their data practices.

It’s interesting to know that you have a right to withdraw consent- this means you can stop the app or website from collecting your data at any point. Secondly, you have the right to know what data is being stored about you and to request a copy of it. Additionally, if your data is inaccurate or incomplete, you have the right to have it corrected or deleted.

As we wrap this up, how about we set some commitments that we are going to stick to for the remaining part of the year and beyond. ?They’ll help us a lot regarding this matter.

First and foremost, commit to reading privacy policies -before giving consent, carefully read the app or website’s privacy policy to understand how your data will be used. I know this is hard to implement as habit tells you to just sign whatever and go on- why squint your eyes? As of today, we commit to reading that document, right? Secondly, regularly review and adjust app permissions on your devices to control what data they can access. Finally, you can consider using ad blockers, VPNs, or privacy-focused browsers to limit data collection and tracking.

The Kenyan law provides you with significant rights and protections to maintain control over your personal information. By understanding your rights and using best practices, you can ensure your privacy is respected online.