A whole underworld exists for people who want to watch over and spy on their families. Several app creators sell the software—sometimes termed as stalkerware—directly to jealous partners who can use it to control access to their victims’ phones remotely.
Still these companies are losing the sensitive data they hold from data leaks through hacks on multiple occasions exposing customer data on the back end.
At least 24 stalkerware companies have suffered hacks or data leaks exposing customer and victim information(Messages, pictures, call logs, and all sorts of personal and sensible information) since 2017 – upto 3.2 million victims.
The Kenyan Legal Landscape on Stalkerware
Kenya has taken digital surveillance and unlawful tracking measures with data protection and cybersecurity laws. According to the Data Protection Act of 2019, unauthorized collection, processing, and sharing of personal data are directly prohibited. This law, in unambiguous terms, requires consent before data is collected and imposes punishments for breaches of its provisions. Stalkerware, which collects and transmits personal data without consent, would, therefore, violate these provisions almost in express terms.
With respect to the Computer Misuse and Cybercrimes Act, 2018, these laws criminalize unauthorized access to computer systems, interception of communications, and cyber-stalking. Individuals that use stalkerware to spy on partners or family members slide into criminal liability, including fines and jail.
Enforcement, however, continues to be problematic. Many stalkerware companies operate outside of Kenya, which makes prosecution impossible. However, as global sensitization on digital privacy increases, Kenya is expected to streamline the monitoring and enforcement of these laws against all sorts of digital surveillance violations.
Say No to Stalkerware
Using spyware to track your loved ones is immoral and in most places illegal for the reason that it constitutes unlawful surveillance.
This gives you plenty of reasons not to use stalkerware. Stalkerware makers are never able to keep data secure—not their own customers’ data and not the data of their victims or targets.
Beyond spying on wives and husbands, there are people who use stalkerware apps to track their children.
Cybersecurity experts think parents should not be spying on their children without informing them and getting their consent.
If the parents do inform their children and obtain their approval, they should avoid any insecure and untrustworthy apps branded “stalkerware”; instead, they should use tracking tools included in Apple phones and tablets and Android devices that are safer and work openly.
Like in many countries, the challenge of eliminating digital surveillance abuse still prevails in Kenya, but with tougher enforcement of its Data Protection Act and the Cybercrimes Act, individuals maliciously using stalkerware should and can be held accountable.
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