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Originally published by Kenyans
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February 5, 2026
20h ago

Why Recording Someone Without Consent Could Land You in Court

Why Recording Someone Without Consent Could Land You in Court

What many are not aware of is that such recordings constitute an invasion of privacy and can expose offenders to heavy penalties...

✨ Key Highlights

Kenyans are being warned against unauthorized call recordings after a significant ruling by the Office of the Data Protection Commissioner (ODPC). Recording someone's voice without their consent is a criminal offense, and this ruling highlights the serious legal and financial consequences, including substantial compensation.

  • A person whose voice was recorded without consent was compensated KSh 700,000.
  • The ODPC ruled that voice and call recordings qualify as personal data under the Data Protection Act, 2019.
  • The ruling stemmed from a complaint where a former employee's recorded phone call, despite his objection, was later used in a separate legal process, violating principles of consent, purpose limitation, and the right to erasure.

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Part of the Day's Coverage

Authorities Issue Warnings on Foreign Recruitment, IPOs, and Call Recordings - February 2026

The Sultanate of Oman has issued a strong warning to Kenyans against using unofficial channels for employment, clarifying that tourist visas cannot be used for work after numerous Kenyans were defrauded. This comes as the Ministry of Foreign Affairs estimates over 200 Kenyans have been deceptively recruited to fight for Russia since 2022, highlighted by the death of a Kenyan soldier. In business, the Consumers Federation of Kenya (Cofek) has warned potential investors against the Kenya Pipeline Company (KPC) Initial Public Offering due to an ongoing legal challenge scheduled for February 19. Separately, following a ruling by the Office of the Data Protection Commissioner (ODPC), Kenyans are being warned that recording someone's voice without their consent is a criminal offense that could lead to serious legal consequences.

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