Learn from WhatsApp saga

The Data Protection Act arms the Data Commissioner with several legislative powers, enough to counter any breaches of data protection laws.

In a notice this month about privacy updates with Facebook, WhatsApp told its users they have to accept the new terms by February. But due to backlash, which WhatsApp blames on misinformation, that was pushed to May.

WhatsApp has previously said the policy update do not affect the privacy of messages with friends and family but only interactions with businesses.  But why compell users to consent to interactions with business they do not even relate to?

Privacy is a fundamental constitutional right. Among other objects and purposes, the Data Protection Act is to protect the privacy of individuals. Further, it promotes international co-operation in matters relating to data protection under international conventions and agreements.

The Data Commissioner has powers to investigate complaints by Kenyans regarding data breaches. Accordingly, private data must be processed lawfully, fairly and transparently.

In the US, the Chicago Tribune newspaper reportted on January 14, nearly 1.6 million Facebook users in Illinois can expect to get about $350 (Sh35,000) each in a landmark privacy lawsuit. The award by a California federal court was settlement for a $650 million class-action over alleged violations of Illinois’s biometric privacy law.

In India, WhatsApp has been sued for allegedly jeopardising national security by sharing, transmitting and storing user data in another country with the information, hence governed by foreign laws.

WhatsApp said it reserved the right to share location and phone number data with Facebook and its subsidiaries such as Instagram and Messenger.

Our Data Commissioner can take a leaf from the above and encourage class actions for breach of privacy for maximum impact and to send out a deterrent warning to violators of the law on private data.