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By Continuing, You Agree

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The Law You Live, Season 2, Part 2 By Continuing, You Agree By Tim Munyi Mugo, Advocate* More often than not, and without fully engaging our minds, we walk into banks, Saccos, hospitals, national libraries and every other place where we need a service, and a form slides across the counter. Without much ado, we sign at the bottom, and almost without noticing, we skip the middle. The word on trial today is consent . It is the most abused word in Kenyan compliance, invoked to justify almost everything by people who have rarely read what it means. THE DEFINITION   |   Section 2, Cap 411C. Consent is any manifestation of express, unequivocal, free, specific and informed indication of the data subject’s wishes, by a statement or by a clear affirmative action, signifying agreement to the processing of personal data relating to the data subject.   Five adjectives: express , unequivocal , free , specific and informed . Hold that definitio...
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Who Told Them?

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The Law You Live, Season 2, Part 1 Who Told Them? By Tim Munyi Mugo* “Congratulations! You qualify for Kshs. 60,537 PCASH Business Loan today. To get, Dial *321*5# Apply Instantly & repay in 90days or visit PCASH app”. This arrives on a random Tuesday morning, promising a loan you never applied for, from a digital lender you have zero idea about, on a number you can swear with someone’s grave you never shared for that purpose. The natural reaction is a shrug and a delete. The correct reaction is a single question. Who told them? That question is in substance, the entire Data Protection Act, Cap 411C. It is also a question my own industry must answer about its own customers, and I will come to that. Personal data is anything from which you can be identified. Your name, your mobile number, your ID, your photograph, your location, your M-Pesa history, or even your meter reading. You are the data subject . Whoever decides what is done with that information is the da...
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