Recording Without Consent Is Illegal

Kenyans Warned: Recording Conversations Without Consent Is Illegal

Recording a person’s voice without their consent is a criminal offence in Kenya. Yet, many people continue to ignore this law. With the rise of smartphones and automatic call-recording features, capturing conversations has become easier than ever. Some individuals and organisations treat voice recording as routine, without realizing the serious legal consequences that may follow.

The Office of the Data Protection Commissioner (ODPC) recently awarded KSh 700,000 to a man whose voice had been recorded without his consent.
The ruling sent shockwaves across Kenya, highlighting how simple, seemingly harmless acts of recording can breach privacy and violate the law. It served as a wake-up call to both individuals and businesses that ignoring consent is no longer acceptable.

According to the ODPC, voice and call recordings are classified as personal data under the Data Protection Act, 2019. This means that such recordings are not just ordinary business records. Any person or organisation that collects, stores, or processes someone’s voice without proper consent is committing unlawful processing of personal data.

Legal Implications for Individuals and Organisations

Legal experts stress that secretly recording a conversation constitutes a breach of privacy. Offenders may face criminal charges, fines, or imprisonment depending on the severity of the violation.

“Consent is mandatory. Whether it is a private conversation or a professional discussion, recording someone without their approval is illegal,” says legal analyst Jane Mwangi. “Kenyans must understand that ignorance of the law offers no protection.”

Businesses are particularly vulnerable. Many companies record customer service calls or internal meetings for quality assurance.
While employers or organizations can legally record conversations with consent, failing to inform employees or clients can trigger legal action, regulatory scrutiny, and compensation claims. Organisations must ensure compliance with the Data Protection Act by informing all parties involved, explaining the purpose of recording, and ensuring proper security of the recorded data.

The Data Protection Act, 2019 and Personal Data

The Data Protection Act, 2019 defines personal data broadly, covering any information that can identify a person directly or indirectly. This includes a person’s voice when recorded. Mishandling such recordings or failing to obtain consent can now lead to both civil and criminal penalties.

Mwangi explains, “The Act clearly prohibits processing personal data without explicit consent or a legal justification. Recording conversations without consent violates the law and carries serious consequences.”

Real-Life Implications and Rising Cases

Illegal voice recordings are becoming increasingly common in Kenya. Employees have secretly recorded conversations with supervisors, while customers have discovered companies recording calls without their knowledge. Such violations have led to ODPC investigations, public backlash, and compensation claims.

In addition to fines or compensation, using recordings obtained illegally in court can backfire. Courts may reject the evidence, and the individual who made the recording could face criminal charges for violating privacy laws.

Guidelines for Legal Recording

To avoid legal trouble, experts recommend the following:

• Always obtain consent before recording any conversation.
• Inform employees, clients, or friends if a call or meeting is being recorded.
• Store recordings securely and restrict access to authorized personnel only.
• Use recordings strictly for the stated purpose.
• Delete recordings once they are no longer required.

The Role of Organisations in Upholding Privacy

Organisations must take proactive steps to protect personal data. This includes updating policies, training staff on legal requirements, and using technology responsibly. Failure to comply can result in hefty fines, legal action, and damage to reputation.

As technology advances, the temptation to record conversations has grown. However, the law has not changed: unauthorized recording of calls and conversations is illegal.The recent ODPC ruling awarding ksh700,000 highlights the consequences of ignoring privacy rights.

Consent protects everyone — the recorder, the recorded, and the organisation. Kenyans are urged to respect privacy, follow the law, and always seek permission before recording. Failure to do so can result in legal trouble, compensation claims, or even imprisonment.

In today’s digital age, respecting privacy is not optional — it is a legal requirement.

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