As the UK moves to mandate the preservation of deceased children's data for investigations, Kenya's legal framework faces a critical question: Does our privacy die with us?

In a landmark policy shift, UK Prime Minister Sir Keir Starmer has announced new legislation compelling tech giants to preserve the social media data of children who have died. Dubbed "Jools' Law," the move closes a cruel loophole where bereaved parents are often denied access to their child's digital footprint—evidence that could explain cyberbullying or online predatory behavior leading to tragedy.

Why This Matters in Nairobi

Kenya is currently undergoing its own digital reckoning. [...](asc_slot://start-slot-19)With the Communications Authority (CA) recently enforcing new Industry Guidelines for Child Online Protection, the conversation has focused heavily on preventing harm. However, the UK's move highlights a glaring gap in Kenya's Data Protection Act (2019): the rights of the deceased.

The Kenyan Regulatory Gap

Under current Kenyan law, data protection rights are largely tied to "living natural persons." When a user dies, their digital rights enter a legal grey zone.

• The Estate View: The Law of Succession Act treats digital assets (crypto, MPesa) as property, but social media data—often crucial for investigations—is not explicitly covered.
• The Investigation Hurdle: Without a specific mandate like "Jools' Law," Kenyan police and parents often rely on the goodwill of platforms like TikTok or Meta to preserve evidence after a tragedy.
• Privacy vs. Closure: Privacy advocates argue that a child's private messages should remain private, even in death. The new UK proposal overrides this in cases of "unexplained deaths," setting a precedent that Kenyan lawmakers may soon need to consider.

"Technology is moving really fast, and the law has got to keep up," Starmer noted. For Kenya, the challenge is even steeper: catching up to the technology while simultaneously patching the legislative holes it exposes.

What Needs to Change?

Legal experts suggest that Kenya's Office of the Data Protection Commissioner (ODPC) may need to issue specific guidance on "post-mortem privacy." Until then, the digital memories—and potential evidence—of Kenyan users remain at the mercy of Silicon Valley's terms of service, rather than Kenyan law.