Protecting Privacy: What You Need to Know About Recording Conversations and Videos in Kenya
Privacy is an essential human right that every individual is entitled to. The right to privacy implies that people have the right to control how their personal information is collected, used, and shared with others.
In Kenya, the right to privacy is protected by the constitution, and various laws regulate the recording of conversations and videos. This article provides essential information on the legality of recording conversations and videos in Kenya, liability for recording without consent, and admissibility of recordings in court.
Legality of Recording Conversations and Phone Calls in Kenya
Article 31 of the Kenyan Constitution provides for the right to privacy. It states that every person has the right to privacy, which includes the right not to have their person, home, or property searched, their possessions seized, or the privacy of their communication infringed in any way.
This constitutional guarantee of privacy extends to all private conversations, including phone calls. In Kenya, it is lawful to record phone conversations as long as you are a party to the conversation.
If the conversation is between two other individuals, you cannot record it without their consent. Such a recording would be a violation of the right to privacy, and you could face civil action for damages.
Moreover, you could also be charged with extortion if you threaten to release the recording if the other party does not meet your demands.
Liability for Recording Without Consent
Unlawful recording of a conversation is a violation of privacy, and the aggrieved party can seek redress in court. In Kenya, the aggrieved party can bring a civil action against anyone who unlawfully records their conversations.
If found liable, the person who recorded the conversation could be ordered to pay damages to the aggrieved party. Recording and publishing a private conversation without consent is also a civil wrong that is actionable in tort law.
Such publication could be construed as slander or defamation, and the party who recorded and published the conversation could be held liable for any damage caused to the person whose privacy was violated.
Admissibility of Recordings in Court
Electronic messages and digital material, including recordings of conversations, are admissible in court as evidence. The Evidence Act recognizes electronic messages as admissible evidence provided the party tendering it can prove that it is authentic.
A person who wishes to admit a recording in court must prove that the recording is authentic and accurately represents the conversation.
Video Recording Laws in Kenya
Expectation of Privacy
The law recognizes that people have a reasonable expectation of privacy while in their homes, hotel rooms, and changing rooms, among other private places. Video recordings of such private places without the consent of the parties involved are unlawful and can be used as evidence in court to prove a violation of privacy.
Violation of Family/Private Affairs
Information required or revealed during video recording of private places can also be a violation of the right to privacy, protected under Article 31 of the Kenyan Constitution. Recording and publishing videos of private moments could infringe on the individuals reputation, family, and private affairs.
Constitutional Protection of Privacy
Kenyan law recognizes the right to privacy as an essential human right, enshrined in Article 31 of the Constitution. This article anchors the right to privacy and makes it illegal for anyone to infringe on the privacy of another individual.
This constitutional protection of privacy extends to the use of video recording equipment.
Conclusion
In conclusion, privacy is a fundamental human right in Kenya, and various laws regulate the recording of conversations and videos. It is essential to respect the privacy of individuals while recording videos or conversations.
Any recording without consent could lead to civil action or criminal charges. As a responsible citizen, it is essential to understand the law and respect other peoples privacy.
Recording Laws for Businesses and Agencies
In recent years, the Kenyan government has made significant strides in enhancing data protection laws to protect individuals’ privacy. The Data Protection Act, 2019, provides a legal framework that governs the processing of personal data in Kenya.
This article provides essential information on the legal framework that governs recording by businesses and agencies. The article covers the Data Protection Act, 2019, data controller and processor responsibilities, data subject rights, and penalties for violations of the act.
Data Protection Act, 2019
The Data Protection Act, 2019, provides for the protection of personal data by regulating its processing by data controllers and processors. The act applies to both legal persons and public authorities and agencies that process personal data.
Data processing refers to any operation or set of operations performed on personal data, including collection, recording, storage, retrieval, and destruction. Data processing must meet specific legal requirements under the act.
The processing must be done lawfully and fairly, collected for legitimate purposes, adequate, relevant, and limited to what is necessary for the intended purpose. Moreover, data processed must be accurate and kept up to date, and identification of the data subjects must be done within the prescribed legal frameworks.
Data Controller and Data Processor Responsibilities
Data controllers and data processors have specific responsibilities under the Data Protection Act, 2019. The data controller is the person who determines the purpose and means of processing personal data.
The data processor, on the other hand, is the person who processes the data on behalf of the data controller. Data controllers must ensure that personal data is processed lawfully, fairly, and transparently.
They must also ensure that the data collected is for a legitimate purpose, adequate, relevant, and limited to the intended purpose of the processing. Data controllers must also ensure that personal data is kept accurate and up to date, and identification of data subjects is done appropriately.
Data processors have a responsibility to ensure the privacy of personal data. They must only collect personal data for the purpose specified by the data controller and process it according to the law.
Data processors must also ensure that data is collected with consent or without consent when permitted by law. They must also take steps to protect the data and ensure that it is not disclosed to unauthorized persons.
Data Subject Rights
The Data Protection Act, 2019, recognizes the rights of data subjects to have informed use of their personal data by data controllers and processors. Data subjects have the right of access to their personal data, the right to object to the processing of their personal data, and the right of correction and deletion of their personal data.
The right of access gives data subjects the right to know whether a data controller or processor is processing their personal data and what type of data the controller or processor is processing. Data subjects also have the right to know the source of the data and whether the data is being transferred to another party.
The right to object to the processing of personal data allows data subjects to object to data processing where it is done unlawfully or for purposes other than what was intended. Data subjects also have the right to correct and delete their personal data where it is inaccurate or where processing breaches their privacy rights.
Penalties for Violations
The Data Protection Act, 2019, provides that the Data Protection Commissioner has enforcement powers to ensure compliance with the act. The commissioner is also mandated to monitor compliance with the act and investigate any breaches.
The commissioner has powers to issue an enforcement notice to any person who has failed to comply with the act. Failure to comply with the enforcement notice will attract a fine of up to five million shillings or imprisonment for a term not exceeding five years or both.
Any person who, without authorization, processes personal data that causes harm or risk of harm, is liable to pay a penalty of up to twenty million shillings or imprisonment for a term not exceeding twenty years or both.
Conclusion
The protection of personal data is critical for everyone in an increasingly digitized world. The Data Protection Act, 2019, provides essential guidelines for data controllers and processors seeking to process and manage personal data.
Data controllers and processors must ensure lawful and fair processing of personal data while also providing transparency in the collection, storage, and use of personal data. The Data Protection Act, 2019, also recognizes the rights of data subjects to control their personal data and imposes penalties for violators.
It is essential to understand the law and comply with the provisions of the Data Protection Act, 2019, to avoid penalties and provide a conducive environment for data processing in Kenya. In conclusion, businesses and agencies in Kenya must comply with the Data Protection Act, 2019, to protect personal data privacy.
The act provides a framework that governs the processing of personal data, and data controllers and data processors have specific responsibilities, including ensuring lawful and fair processing of personal data. Data subjects also have rights, including the right of access, right to object to processing, and right to correction and deletion of personal data.
Non-compliance attracts penalties, including fines and imprisonment. Understanding the Data Protection Act, 2019, provisions is critical for businesses and agencies to minimize legal risks and provide a conducive and trustworthy environment for processing personal data in Kenya.