In today’s world, data is the new currency. Every time we swipe a card, log into social media, or even sign into a building, we leave behind valuable pieces of ourselves. But here’s the big question: do you really know how your data is being collected, stored, and used?
On 22nd July 2025, I attended a data awareness workshop hosted by Amnesty International. One message stood out: data rights are human rights. Yet, many of us walk through life without realizing that the information we casually hand over daily is protected by law. Let’s break this down.
What Exactly Is Data?
Kenya’s Data Protection Act of 2019, which enforces Article 31 of our Constitution (the right to privacy), defines data broadly. But let’s make it practical:
- Basic identifiers: your name, ID number, phone number, home address.
- Digital footprints: your browsing history, online shopping habits, or social media activity.
- Biometric data: fingerprints during voter registration, facial scans at airports.
- Financial details: your M-Pesa transactions, bank statements, salary slips, or CRB history.
If you’ve ever filled out a hospital form, opened a bank account, or even signed up for free Wi-Fi, you’ve shared personal data.
Your Rights as a Data Subject
The law calls you the data subject , the person the data relates to. And as a data subject, you are not powerless. Some of your key rights include:
- The right to know how your data will be used.
- The right to access your own data from any controller or processor.
- The right to object to certain uses of your data.
- The right to correct false information about you.
- The right to demand deletion of misleading or false data.
These rights mean you can say “No” — you are not just a passive consumer.
The Responsibilities of Data Collectors
On the other side, organizations and individuals who collect data must:
- Inform you that your data is being collected.
- Explain why they need it and who they might share it with.
- Tell you whether giving the data is optional or mandatory.
- Share what security measures are in place to protect it.
- Provide contact information in case you have questions.
This isn’t a courtesy — it’s a legal requirement. Unfortunately, many of us surrender personal details at building entrances, on apps, or online forms without thinking twice.
Why This Matters
Data protection is not just an “IT problem.” It’s a community issue, a justice issue, and a constitutional issue. We need to shift how we see it.
We should be asking ourselves:
- Am I giving informed consent before my data is collected?
- Do I understand who has access to my data and why?
- Do I know that I can object, correct, or request deletion of false information?
- Do I feel empowered to demand accountability?
Final Word
Data rights are not optional. They are your constitutional rights. In an era where data is deeply tied to our daily lives, understanding these rights — and exercising them — is no longer a luxury. It’s a necessity.
A good Piece and very informative. After reading it I feel exposed already.
What’s your advise because the chance to ask why they need data doesn’t look like an option in most buildings, you either provide or you don’t gain entry. Also for websites you won’t get access of materials you want if you don’t sign up.
How can we gain access but still maintain privacy?