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Online methods of meeting partners are not new, and their history can be traced to the 1600s when personal ads were used to connect with potential partners. Considerations for the Protection of Women’s Privacy on Online Dating Apps in Kenya. Online dating applications, commonly referred to as dating apps, are dating services that are available through mobile dating applications which enable people to meet potential partners.

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Online methods of meeting partners are not new, and their history can be traced to the 1600s when personal ads were used to connect with potential partners. The first personal ad was published in 1685 in a British agricultural journal, PBS Infographic, by a gentleman who would “ willingly match himself to some good young gentlewoman that has a fortune of 3000 pounds or thereabout, and he will make a settlement to content ” In 1727, the first ad by a woman was placed in the lonely-hearts column of the Manchester Weekly Journal. Helen Morrison’s ad stated that she wanted “someone nice to spend my life with”. This ad, unfortunately, landed Helen in trouble, as the mayor sent her to an insane asylum for four weeks. Throughout the 1800s, personal ads gained popularity, but so did the risk of fraud, as many people fell into the hands of fraudsters. By the 1990s, with the invention of the internet, personal ads found their way into the world wide web, and single people began connecting on sites such as Prodigy and Craigslist, and other online chat rooms and forums. In 1995, Match.com was launched as the first dating website. It went further than online forums like Prodigy and Craigslist as it enabled users to select the age, hobbies, location, and other preferences of their partners. In 2007, Zoosk became the first dating website that offered a mobile application, making the dating service accessible on mobile phones. Since then, more and more people have resorted to online dating apps to meet potential partners, and there is a good reason why dating apps are gaining popularity, both globally and on the continent. A study done by the University of Chicago found that one-third of marriages between 2005 and 2012 began online and that online couples have longer and happier marriages. Roshan and Dave, for example, met on OkCupid, and after their first date, “we both deactivated our OkCupid profiles and started communicating like normal people and we have been together for four years and just got married”. Unfortunately, unlike Roshan, other women have had not-so-pleasant experiences with dating apps. Some women have faced cyberstalking, extortion, and harassment as they use dating apps. In addition to these risks, other risks associated with the use of dating apps are privacy risks. Online dating is driven by data. The more data a user shares, the easier it is for the dating app to match them with a suitable match. For this, users trade their location data, sensitive data such as health status, personal preferences, and login information for social media accounts in the hope of finding a partner . Data leaks of such important information can lead to significant harm to users, as has happened in the past . In 2021, a hacker leaked the data of 2.28 million users such as their real names, marital status, location, email addresses, and Facebook accounts. In addition to these, a report found that dating apps sell user information to third parties for the purpose of advertising. Dating App Privacy Policies. In light of the great risks to privacy, it is important for dating apps to demonstrate that they respect their users’ privacy, as provided for by Article 12 of the Universal Declaration of Human Rights , Article 17 of the International Covenant on Civil and Political Rights and under Article 31 of the Constitution of Kenya. Dating app privacy policies often give a strong indication of whether they respect the privacy of their users. They explain to their users how they collect and process their data, the purpose for which they collect that data, whether they share data with third parties, the existence of automated decision-making systems, and how to contact their data protection officers and supervising authorities. In assessing whether the privacy policy of a dating app offers sufficient protection for women’s privacy, three key things can be considered: The accessibility of the privacy policy, how often changes to the privacy policy are made, and how accessible its reporting channels are. Access to Privacy Policies. Section 26 of the Kenya Data Protection Act provides that a data subject has a right to be informed of the use to which their personal data is put. In terms of how this information is to be presented, The General Data Protection Regulations provide dating apps with guidance. Recital 58 of The General Data Protection Regulations provides that any information that is addressed to a data subject should be concise, easily accessible, and easy to understand. In addition to this, clear and plain language should be used. Dating apps should therefore have in place privacy policies that are easily accessible, easily understandable, easy to find, and in clear and plain language. Bumble has a privacy policy on its app that is easily accessible on its first page. The privacy policy is in English, and it has been broken down into sections, with section headers, and has been presented in readable font size. Tinder similarly has a privacy policy, in English, which is available on the first page once you download the app. The privacy policy starts with a content section, so a user can see all the sections that the privacy policy covers and one can click on a particular header and access its contents. Both Tinder and Bumble have written their privacy policies in plain language that is easy to understand. At the same time, OkCupid lets users know that they have kept legal and technical jargon to a minimum. On accessibility, OkCupid places two links to their privacy policy on their website homepage-one link strategically located right above the link to join the app, at the center, and the second link on the website footer.













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