Protecting data key in unlocking full potential of our gig economy

These hubs will take the digital economy to the next level as millions of Kenyans carve out flexible livelihoods through digital platforms.

At the heart of this ecosystem is data, the currency powering transactions, matching services, tracking performance, and ensuring trust between strangers. However, significant risks accompany this data, including potential exposure of personal information such as names, contact details, locations, work history, earnings, and biometric data.

If misused or mishandled, this data can erode trust, expose gig workers to exploitation, or undermine livelihoods altogether. While data flows are key to efficient gig economy operations, they create significant privacy risks.

Gig workers provide their data based on trust, with no way to know who accesses their information, how it is used, whether it is sold to advertisers, or how long it’s retained.

Data is sometimes collected without consent or repurposed without transparency.

These risks are not unique to Kenya. Globally, gig workers have raised concerns about surveillance, location tracking, non-consensual profile sharing, and a lack of recourse when data is misused. As a digital leader, Kenya must stay ahead of such threats by protecting data rights as our economy evolves.

Following the Data Protection Act’s enactment in 2019, the government made clear that personal data is not a commodity to be traded.

The Office of the Data Protection Commissioner (ODPC) was established to put this law into effect, ensuring all citizens —salaried professionals, small-scale farmers, or gig workers—control how their personal data is collected, processed, stored, and shared.

To implement this law, gig workers must demand that platforms explain what data they collect and why, obtain clear consent, store data securely, and allow workers to access or correct their information. Platforms must refrain from unfair profiling, intrusive surveillance, or discriminatory algorithmic practices.

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The ODPC launched Data Protection Regulations in 2021, setting clear guidelines on consent, data sharing, retention, and breach notification to safeguard privacy and reduce risks.

The regulations require platforms collecting sensitive data to register as data controllers or processors and comply with heightened accountability standards.

The ODPC also provides redress. Gig workers who believe their data rights have been violated can file complaints and seek a resolution.

Our role extends beyond policing compliance to fostering digital ethics and shared responsibility.

The ODPC’s role is essential in spurring gig economy innovation. When users trust their data is safe, they are more likely to adopt digital platforms, share information, and engage meaningfully.

Data protection aligns with international best practices and enhances Kenya’s global competitiveness.

As the African Continental Free Trade Area and Digital Economy Blueprint gain traction, countries upholding strong data rights will be better positioned to attract investment and cross-border digital flows.

This is what Kenya needs to spur the gig economy and attract more investments. In so doing, Kenya will be joining the European Union and countries such as Japan, India and Thailand that have used robust data protection frameworks to fire their vibrant economies.

The gig economy is essential to our GDP, offering inclusion and jobs to those locked out of formal employment. Women, persons with disabilities, and youth in rural areas can earn income on flexible terms.

The ODPC provides strategic data protection, ensuring platforms are inclusive from the ground up. We work with public and private stakeholders to ensure marginalised groups are not further disempowered by opaque or biased data systems.

Data literacy is essential for sustained protection. We engage in awareness campaigns targeting gig workers, informal traders, and youth to ensure they understand their rights and responsibilities in the digital age.

Ms Immaculate Kassait, MBS, is the Kenya Data Commissioner, Office of the Data Protection Commission