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Terms and conditions - What exactly are you agreeing to?

Wednesday April 07 2021
Terms and conditions
By Mohammed Kimbugwe

How many times have you clicked that box during your digital interactions? How many times have you read and understood the terms and conditions you are agreeing to, before clicking?
Are you aware of what exactly you are giving consent for? Do you know what that means to your personal data and information? Its processing, use, sharing with third parties e.t.c?

Well, speaking from a point of theory, you have the right to decide what happens to your personal data (information), how it is used, processed, shared or even deleted (forgotten). Section 26 of the Data Protection and Privacy Act gives you the right to prevent or stop the processing of your personal data for purposes of direct marketing, yet it is not a rare occurrence for one to receive adverts from business entities with whom you've never shared your personal data.

See, you are not alone!
You are not the only one that simply ticks "I agree" without reading the terms and conditions and this makes the consent debate even more interesting.

Consent must be explicit!
However, this can only be attained if the data subject has a clear understanding of all the processes relating to their personal data, right from its collection to processing, use, sharing and even deletion.

Since it is clear that a lot of data subjects never read the terms and conditions before ticking the consent box, then this consent isn't informed. Even for the few that have the time to read the lengthy terms and conditions, it is not guaranteed that they will understand what they mean. This means that the privacy and protection of personal data remains almost entirely in the hands of data collectors, processors and controllers.

In the Digital Age, therefore, the regulation of Data Privacy and Protection must go beyond ticking the consent box. The burden should continue to rest on the shoulders of data collectors, processors and controllers in ensuring that they apply the highest standard of integrity while dealing with personal data.

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