Sally Boyani Mokaya recently visited Kenya to conduct scoping interviews aimed at clarifying underlying assumptions in her ongoing study. Her research investigates the enforcement of Kenya’s Data Protection Act (KDPA), with a specific focus on regulating personal data processing on social media platforms (SMPs). Through in-depth conversations with diverse experts - including data protection regulators, legal professionals, technologists, consumer rights advocates, and policy influencers - she uncovered key challenges affecting KDPA enforcement. These challenges include institutional dependencies, nuanced regulatory oversight of small and medium enterprises (SMEs) operating on SMPs, and barriers related to culturally relevant informed consent.
Kenya presents a uniquely compelling case study, as social media platforms have rapidly evolved into central hubs for news dissemination, political engagement, and innovative economic activities. SMEs, in particular, rely heavily on these platforms for e-commerce. Despite comprehensive data protection legislation aligned with international standards like the GDPR, significant enforcement gaps remain. Many SMEs collect user data without explicit consent, exposing regulatory ambiguities and compliance hurdles. Kenya’s Office of the Data Protection Commissioner (ODPC), responsible for enforcement, faces institutional constraints such as financial dependency and limited autonomy, complicating effective oversight of global tech platforms.
The insights Sally Boyani gained from these interviews capture local idiosyncrasies, including linguistic diversity, digital literacy variations, and cultural attitudes toward data privacy. These findings will significantly shape the subsequent phases of her field research.
