A Kenyan man has moved to court to sue the popular caller identification App Truecaller over alleged violation of Data Protection Laws.
In a lawsuit obtained by Kenyans.co.ke, the petitioner complained that the app violated the privacy of mobile phone users by disclosing their identity and other details without their consent.
The lawsuit alleged Truecaller’s failure to register as a data controller or processor in the country placed the app in breach of the Data Protection Act, 2019 (“Act”).
Among other allegations, the app is also accused of transferring data of unsuspecting Kenyans’ to India without their consent and ‘discriminatory and unequal protection of Kenyans’ privacy rights compared to other jurisdictions’.
A logo of the Truecaller app. PHOTO/Kenyans.co.ke
Kenyans.co.ke
The lawsuit highlighted the recent trend which emerged in the wake of the Gen Z protests, which saw several high-profile figures’ phone numbers shared on social media.
Some of these public figures were subsequently subjected to direct threats and social media bullying, with their phone contacts at the mercy of their fierce critics.
While citizens have a right to engage with their elected representatives, the indiscriminate sharing of personal data, including that of spouses and children, raises serious concerns about privacy infringement,” the lawsuit stated. “This incident underscores the potential misuse of personal information in the digital age and the urgent need for robust data protection laws and their enforcement.
According to the 2019 Data Protection Act, a data controller refers to a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data.
Section 49(1) of the Act requires data controllers to obtain consent from data subjects before transferring personal data outside Kenya – something which the petitioner says Truecaller failed to do.
Since breaking into the Kenyan market in 2018, Truecaller has become one of the most popular apps in the country, and recent data revealed Kenyans are among the top 10 users of the app globally.
This is also not the first time the app is facing legal trouble. Earlier this year, a High court in India tossed out a petition seeking to ban the app over privacy violations.
The court disagreed with the the petitioner’s arguments, who claimed the app shared data including the mobile numbers and e-mail addresses of third parties without consent.
A photo of the statue outside the Nairobi Law Courts
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Judiciary
