February 2007 - KICTANet

FOI--- how good is it??
by Rebecca Wanjiku 15 Feb '07

15 Feb '07

Kihanya, thanks for the background, some thoughts on some of the questions raised, Right to verses freedom I think it should be freedom of information because in legal terms, the two terms are different. Though am not a lawyer, I read about the positive rights (right to) and the negative rights (freedoms) Now, governments are quick to obey the negative rights as opposed to positive rights. For instance, we can all go and demonstrate about our freedom from torture or detention without trial and the government will easily heed to our demands, (I guess so) But what about other recognized rights like the right to water? Can the government be compelled to honour our right to water, i think the main objective of the FOI should be to protect e-government and accountability but the bill talks about charging a minimal fee to those accessing information, what will happen to those people out of town, it talks about photocopying and perusal charges, but what about provision of such information in electronic format, do we still pay?? and will it serve the overall objective?? Thats my take on it Rebecca Wanjiku, journalist, p.o box 33515, Nairobi.00600 Kenya. Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/ ____________________________________________________________________________________ Now that's room service! Choose from over 150,000 hotels in 45,000 destinations on Yahoo! Travel to find your fit. http://farechase.yahoo.com/promo-generic-14795097

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Day 3: What Policies should inform the FOI?
by joseph kihanya 15 Feb '07

15 Feb '07

Dear Rose, Indeed. FOI is all about each and every individual's right.In some countries it even extends to non-citizens. The contextualization is important. Kihanya ____________________________________________________________________________________ Any questions? Get answers on any topic at www.Answers.yahoo.com. Try it now.

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OFC meeting, friday 23rd
by Rebecca Wanjiku 15 Feb '07

15 Feb '07

just to let you know that the OFC meeting was changed from the earlier date (22nd) because the PS was not available then, please note in its next friday, 23rd, Rebecca Wanjiku, journalist, p.o box 33515, Nairobi.00600 Kenya. Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/ ____________________________________________________________________________________ TV dinner still cooling? Check out "Tonight's Picks" on Yahoo! TV. http://tv.yahoo.com/

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Re: [kictanet] Day 3: What Policies should inform the FOI?
by joseph kihanya 15 Feb '07

15 Feb '07

Dear Dorcas, Indeed. The ICT policy does not mention data protection as a key issue at all. The IC Bill 2006 only mention data protection at section 58,62 and 62 but then only making it an offence to "hack" into protected systems. Nothing about.....deliberate disclosures/ sale..etc of data...how long it should be kept etc. Australia has Data protection/Privacy laws on this see ( a bit old but a good summary) http://www.efa.org.au/Issues/Privacy/privacy.html Kenya will soon require to legislate on this. It may be that the FOI policy may only mention this obliquely as it would require that a separate Bill deals with this issue. Kihanya ----- Original Message ---- From: Dorcas Muthoni <dmuthoni(a)gmail.com> To: kihanyajn(a)yahoo.com Sent: Wednesday, February 14, 2007 7:52:31 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI? Hi Kihanya, Want to draw a poniter to a related matter as is being dealt in a different country. Please see the link below. http://searchsecurity.techtarget.com/originalContent/0,289142,sid14_gci1242… Walu had mentioned something related: the protection of consumer data by private companies too. It is important that this is captured. Sorry, cannot find the actual mail on the thread but sure he can relate it. Muthoni On 2/14/07, John Walubengo <jwalu(a)yahoo.com> wrote: Thanx Kihanya for your efforts. Indeed this is a fairly un-convential topic in that it has no obvious or immediate financial connotations - hence the slower responses... But back to my contribution. I think the policy informing the Freedom Of Information bill should look towards empowering the citizens through facilitating their access to knowledge/information. We need to think through how our collective data regarding our heritage, history, social and economic transactions can be harnessed and made to serve the common good. I know this bill has tended to create controversy because it has often been looked at in the narrow terms of the Govt vs the Media i.e. Media seeks info visa-vis Govt sits on Info. True, this could be one of the issues but it should not limit our scope because the bill should be a reflection of broader policy issues that touch on different data sitting on various platforms such as (Private) Media Broadcasters, Mobile service providers, ISPs, eBankers, etc. How for example can KTN be asked to share (or sell) their valuable film clips to the Kenya Archives dept? How can the East African Standard avail their 100years+ data to the public? When or Why should Safaricom/Celtel divulge the SMS transcript of a certain subscriber to the Police, to the Media or the Private Investigator? What kind of data security standards and practices should we place for critical and national data stores such as KRA, KPA, Immigration, etc? What of the Certification Authority (CA) providers that are likely to play a cenral role in a future eCommerce environment, how will they collect, protect and avail their data? So I think these are some of the Policy issues that need to be thrashed out in the process of coming up with the final FOI bill. walu. --- joseph kihanya <kihanyajn(a)yahoo.com> wrote: > Dear All, > > I trust we may now move on to day 3. Those with comments > still on day 1 and 2 can still do so. > The themes were... > > Day 1: Why Freedom of Information (FOI) Act? > Day 2: What are the current modalities for accessing data > held by Data Handlers (Govt or Private Sector)? > > > Today's topic really looks as to waht should be the basic > reasoning behind the FOI policy and hence law. > > The principles listed hereunder have been recognized by > Article 19 ( an international organizatioin dealing with > freedomm of te press and related issues) as what should > guide the FOI laws(policy). > > PRINCIPLE 1. Maximum disclosure > > That the law should seek this as its underpinning > philosophy. > > PRINCIPLE 2. Obligation to publish > > That there should be an obligation to publish and > requests should be for non-crucial/ essential / bulky > information. > > PRINCIPLE 3. Promotion of open government > > That the law should promote / recognise the importance > of open government. > > PRINCIPLE 4. Limited scope of exceptions > > That the exceptions should be clear , precise and > allowable in a democratic society/ i,e should not take > away what the law seeks to grant. > > PRINCIPLE 5. Processes to facilitate access > > Clear processes for request should exist. > > PRINCIPLE 6. Costs > > These should be kept at a minimum for the public has > already paid for the creation of the information through > taxation. > > PRINCIPLE 7. Open meetings > > Other than informnation, there should bea promotion of > open dialogue at decsion making level. > > PRINCIPLE 8. Disclosure takes precedence > > The tests that are to be applied by the commssioner and > the appeal tribunal should seek disclosre unless the > exceptions and the public interest demand otherwise. > > PRINCIPLE 9. Protection for whistleblowers > > That those who disclose information that is in the public > interest, inspite of the exceptions should not be > victimised/ should be protected. > > > Lets go! > > Kihanya > > > > ____________________________________________________________________________________ > Finding fabulous fares is fun. > Let Yahoo! FareChase search your favorite travel sites to > find flight and hotel bargains. > http://farechase.yahoo.com/promo-generic-14795097 > > _______________________________________________ > kictanet mailing list > kictanet(a)kictanet.or.ke > http://kictanet.or.ke/mailman/listinfo/kictanet > > Please unsubscribe or change your options at > http://kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > ____________________________________________________________________________________ Get your own web address. Have a HUGE year through Yahoo! Small Business. http://smallbusiness.yahoo.com/domains/?p=BESTDEAL _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/dmuthoni%40gmail.com _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/kihanyajn%40yahoo.com ____________________________________________________________________________________ Cheap talk? Check out Yahoo! Messenger's low PC-to-Phone call rates. http://voice.yahoo.com

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Re: [kictanet] Day 3: What Policies should inform the FOI?
by joseph kihanya 15 Feb '07

15 Feb '07

Hi, Thanks Walu. Between my Intro and your post I think that is the summary for the day! Alex, I am making a comment on your post too. Oh well, day 4 approaches. All the three days themes are open to all until friday when I must summarise al comments to present on Tuesday 20th . Kihanya ----- Original Message ---- From: John Walubengo <jwalu(a)yahoo.com> To: kihanyajn(a)yahoo.com Sent: Wednesday, February 14, 2007 3:42:08 PM Subject: Re: [kictanet] Day 3: What Policies should inform the FOI? Thanx Kihanya for your efforts. Indeed this is a fairly un-convential topic in that it has no obvious or immediate financial connotations - hence the slower responses... But back to my contribution. I think the policy informing the Freedom Of Information bill should look towards empowering the citizens through facilitating their access to knowledge/information. We need to think through how our collective data regarding our heritage, history, social and economic transactions can be harnessed and made to serve the common good. I know this bill has tended to create controversy because it has often been looked at in the narrow terms of the Govt vs the Media i.e. Media seeks info visa-vis Govt sits on Info. True, this could be one of the issues but it should not limit our scope because the bill should be a reflection of broader policy issues that touch on different data sitting on various platforms such as (Private) Media Broadcasters, Mobile service providers, ISPs, eBankers, etc. How for example can KTN be asked to share (or sell) their valuable film clips to the Kenya Archives dept? How can the East African Standard avail their 100years+ data to the public? When or Why should Safaricom/Celtel divulge the SMS transcript of a certain subscriber to the Police, to the Media or the Private Investigator? What kind of data security standards and practices should we place for critical and national data stores such as KRA, KPA, Immigration, etc? What of the Certification Authority (CA) providers that are likely to play a cenral role in a future eCommerce environment, how will they collect, protect and avail their data? So I think these are some of the Policy issues that need to be thrashed out in the process of coming up with the final FOI bill. walu. --- joseph kihanya <kihanyajn(a)yahoo.com> wrote: > Dear All, > > I trust we may now move on to day 3. Those with comments > still on day 1 and 2 can still do so. > The themes were... > > Day 1: Why Freedom of Information (FOI) Act? > Day 2: What are the current modalities for accessing data > held by Data Handlers (Govt or Private Sector)? > > > Today's topic really looks as to waht should be the basic > reasoning behind the FOI policy and hence law. > > The principles listed hereunder have been recognized by > Article 19 ( an international organizatioin dealing with > freedomm of te press and related issues) as what should > guide the FOI laws(policy). > > PRINCIPLE 1. Maximum disclosure > > That the law should seek this as its underpinning > philosophy. > > PRINCIPLE 2. Obligation to publish > > That there should be an obligation to publish and > requests should be for non-crucial/ essential / bulky > information. > > PRINCIPLE 3. Promotion of open government > > That the law should promote / recognise the importance > of open government. > > PRINCIPLE 4. Limited scope of exceptions > > That the exceptions should be clear , precise and > allowable in a democratic society/ i,e should not take > away what the law seeks to grant. > > PRINCIPLE 5. Processes to facilitate access > > Clear processes for request should exist. > > PRINCIPLE 6. Costs > > These should be kept at a minimum for the public has > already paid for the creation of the information through > taxation. > > PRINCIPLE 7. Open meetings > > Other than informnation, there should bea promotion of > open dialogue at decsion making level. > > PRINCIPLE 8. Disclosure takes precedence > > The tests that are to be applied by the commssioner and > the appeal tribunal should seek disclosre unless the > exceptions and the public interest demand otherwise. > > PRINCIPLE 9. Protection for whistleblowers > > That those who disclose information that is in the public > interest, inspite of the exceptions should not be > victimised/ should be protected. > > > Lets go! > > Kihanya > > > > ____________________________________________________________________________________ > Finding fabulous fares is fun. > Let Yahoo! FareChase search your favorite travel sites to > find flight and hotel bargains. > http://farechase.yahoo.com/promo-generic-14795097 > > _______________________________________________ > kictanet mailing list > kictanet(a)kictanet.or.ke > http://kictanet.or.ke/mailman/listinfo/kictanet > > Please unsubscribe or change your options at > http://kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > ____________________________________________________________________________________ Get your own web address. Have a HUGE year through Yahoo! Small Business. http://smallbusiness.yahoo.com/domains/?p=BESTDEAL _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/kihanyajn%40yahoo.com ____________________________________________________________________________________ No need to miss a message. Get email on-the-go with Yahoo! Mail for Mobile. Get started. http://mobile.yahoo.com/mail

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Day 3: What Policies should inform the FOI?
by joseph kihanya 14 Feb '07

14 Feb '07

Dear All, I trust we may now move on to day 3. Those with comments still on day 1 and 2 can still do so. The themes were... Day 1: Why Freedom of Information (FOI) Act? Day 2: What are the current modalities for accessing data held by Data Handlers (Govt or Private Sector)? Today's topic really looks as to waht should be the basic reasoning behind the FOI policy and hence law. The principles listed hereunder have been recognized by Article 19 ( an international organizatioin dealing with freedomm of te press and related issues) as what should guide the FOI laws(policy). PRINCIPLE 1. Maximum disclosure That the law should seek this as its underpinning philosophy. PRINCIPLE 2. Obligation to publish That there should be an obligation to publish and requests should be for non-crucial/ essential / bulky information. PRINCIPLE 3. Promotion of open government That the law should promote / recognise the importance of open government. PRINCIPLE 4. Limited scope of exceptions That the exceptions should be clear , precise and allowable in a democratic society/ i,e should not take away what the law seeks to grant. PRINCIPLE 5. Processes to facilitate access Clear processes for request should exist. PRINCIPLE 6. Costs These should be kept at a minimum for the public has already paid for the creation of the information through taxation. PRINCIPLE 7. Open meetings Other than informnation, there should bea promotion of open dialogue at decsion making level. PRINCIPLE 8. Disclosure takes precedence The tests that are to be applied by the commssioner and the appeal tribunal should seek disclosre unless the exceptions and the public interest demand otherwise. PRINCIPLE 9. Protection for whistleblowers That those who disclose information that is in the public interest, inspite of the exceptions should not be victimised/ should be protected. Lets go! Kihanya ____________________________________________________________________________________ Finding fabulous fares is fun. Let Yahoo! FareChase search your favorite travel sites to find flight and hotel bargains. http://farechase.yahoo.com/promo-generic-14795097

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SU: Kenyan Anti-Corruption Campaigner Accepts Canadian Fellowship: International Development Research Centre
by harry＠africanedevelopment.org 14 Feb '07

14 Feb '07

harryhare (harry(a)africanedevelopment.org) has sent you a site! "Kenyan Anti-Corruption Campaigner Accepts Canadian Fellowship" - Kenyan Anti-Corruption Campaigner Accepts Canadian Fellowship: International Development Research Centre http://www.idrc.ca/en/ev-109139-201-1-DO_TOPIC.html You can see my other favorites here: http://harryhare.stumbleupon.com Thanks, harryhare --- StumbleUpon lets you discover great sites with a single click. Give it a try at: http://www.stumbleupon.com/start.php?friend=2292570&emailcode=yr92pmukdexch…

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Day 3: What Policies should inform the FOI?
by joseph kihanya 14 Feb '07

14 Feb '07

Dear All, We are really in need of views.....Any views. Kihanya ____________________________________________________________________________________ We won't tell. Get more on shows you hate to love (and love to hate): Yahoo! TV's Guilty Pleasures list. http://tv.yahoo.com/collections/265

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OFC meeting
by Rebecca Wanjiku 14 Feb '07

14 Feb '07

RE: FACE TO FACE DISCUSSION Pursuant to the successful online discussion on Optic Fibre Cable(s), KICTANET has organised a face to face meeting on February 23, 2007. The meeting will be a follow-up to the online discussion and meant to facilitate discussions on areas that may not have been well covered in the online forum. The online forum was calculated to encourage stakeholder input to the OFC debate, analyze the advantages and the concerns of the various sectors. There were contributions from government, private sector as well as academia. The discussions were divided into five themes; Why OFC?, existing business models for OFC provisioning, existing/appropriate regulatory models for OFC, best model (business and regulatory) for East African, projected impact on stakeholders, reconciling stakeholder Permanent Secretary in the Ministry of Information and Communication Dr. Bitange Ndemo will be present to answer any lingering questions or clarifications on the issues discussed. The meeting will be held at the Jacaranda Hotel, Westlands from 8.30 am to 2pm Please plan to attend because your opinion counts. Confirm attendance to Rebecca Wanjiku- rebeccawanjiku(a)yahoo.com Rebecca Wanjiku, journalist, p.o box 33515, Nairobi.00600 Kenya. Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/ ____________________________________________________________________________________ Don't get soaked. Take a quick peak at the forecast with the Yahoo! Search weather shortcut. http://tools.search.yahoo.com/shortcuts/#loc_weather

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Re: [kictanet] Day 1: Why Freedom of Information (FOI) Act? AND Day 2: What are the current modalities for accessing data
by Rebecca Wanjiku 14 Feb '07

14 Feb '07

there are no laws guarding issues such as chief or police asking for your ID, they say they want to know if one is kenyan or not or if one is a wanted criminal or not... the closest we came to dealing with this as i can recall is the IPPG document which said one does not have to walk with the ID, it was however not made law and therefore no mechanism for enforcement. going to sheria house for info.....hmm that is debatable in regard to confidentiality, i think we have a right to est who owns what, but again this is subject to abuse, the case of logbook information given by times tower suffices, crooks were using the information provided to forge logbooks and sell non existent vehicles, so there need for information that can be supplied, maybe minimal information should be provided and like in the Google/Earthlink case, they should define what is minimal information....to make sure we all secure somehow.. about the speeches being posted on respective websites, that will reduce the amount of requests and make sure all ministries update their websites.... ----- Original Message ---- From: Alex Gakuru <alex.gakuru(a)yahoo.com> To: rebeccawanjiku(a)yahoo.com Sent: Tuesday, February 13, 2007 6:22:19 PM Subject: Re: [kictanet] Day 1: Why Freedom of Information (FOI) Act? AND Day 2: What are the current modalities for accessing data This is slightly long contribution and I hope no information overload again... Q: When the police, Chief, etc ask for one's ID, does it expose the individual to tribal discrimination? Q: When one asks Sheria House for registered companies returns, does it breach corporate confidentiality (along the way "babyteleas") ? Q: Is one entitled to archived/historical data within 30 days, for example, the names of all chiefs that served, say, Makadara since independence? Q: Foreign entities operating in government offices, e.g. Maji House, Research Centres, etc must equally be subjected to disclose research information they are collecting.... - "National Interests" must be better defined to safeguard against past abuses. - All government speeches must be published at their respective ministries 'websites within 24 hrs - Companies must disclose personal information collected, the purposes and the uses made - otherwise discriminatory consumer profiling will defeat the spirit of this policy. -------- sorry in case below overloads------ A recent US example on consumer concerns regarding "Information Society, Users Profiling, Privacy and Individual Freedoms" ACLU slams final San Francisco Wi-Fi contract Civil liberties protection group claims the contract EarthLink and Google signed with the city fails to provide ample protection against data collection By Stephen Lawson, IDG News Service February 07, 2007 The ACLU has turned up the political heat on EarthLink and Google's plan for Wi-Fi in San Francisco, telling the city's Board of Supervisors that the proposed contract doesn't have enough privacy or free speech protections. The ACLU of Northern California said in a letter to the supervisors on Tuesday that both EarthLink's paid service and Google's free offering would fall short of most of the group's recommendations on collection and sharing of personal data and possible tracking of users. Among other things, there are no limits on what kind of information EarthLink can or will collect, and terms for the Google service call for requiring "minimal" information on login without defining "minimal," the letter said. In addition to privacy concerns, the group is worried that knowing information is being collected will cause users to limit what they say and do on the Internet. The city and EarthLink agreed on a contract last month, and EarthLink is confident the closely watched project will get off the ground with deployment of a proof-of-concept network starting in April, said company spokesman Jerry Grasso. But the proposal has been under fire since before the contract was completed, and some members of the board have said a municipally owned system would be better for the city. EarthLink negotiated the deal with the city and would build and operate the network, bringing Google in as a tenant providing the free, slower service. Some critics have warned that San Francisco could be giving a virtual monopoly on citywide Wi-Fi to private companies without ensuring user privacy or complete coverage. The ACLU said a municipal Wi-Fi network should let users opt in or out of any service that collects data on what they look at or search for on the Internet, or their e-mail messages. There are no provisions for that in the paid or free service terms, it said. EarthLink can only save location information for 60 days, but there's no limit to how long it can store personal protected information and no limit to how long Google can store any information, the ACLU said. Users of the EarthLink service can opt out of receiving marketing materials, but EarthLink has free reign to share personal information with partner companies that help it deliver or promote the service. Both service providers can hand over users' personal information for law enforcement or national security reasons without a warrant or notification of the user, though they would require "court-ordered documentation" before doing so. If information is sought for a civil suit, EarthLink or Google would have to tell the user first. EarthLink's Grasso declined to comment on the ACLU's letter, saying EarthLink has not seen it. Google and city representatives could not immediately be reached for comment. http://www.infoworld.com /article/07/02/07/Hnaclusfwifi _1.html?source=rss&url=http:/ /www.infoworld.com/article/07 /02/07/Hnaclusfwifi_1.html joseph kihanya <kihanyajn(a)yahoo.com> wrote: Dear all, These is a Summary of the two days posts. Day 1 That FOI should be framed as a right not a freedom. That FOI should seek to protect e-government/ promote accountability That if FOI is through e-government, should it not be at no cost? That FOI will allow for a flow of information thereby eliminating rumours. That the periods of access under the policy are too longi.e 15 and 30 days, the later being after appeal on refusal Day 2 That the current environment for access to information is dictated byb the Official Secrets Act which is understood in government service? that all information is secret.Case in point ICT policy. Thata policy on access( protection) to data held by the private sector is required. ************************* This has come from the two posts which is greatly appreciated by yours truly. The comments are few. The days are going by and it may be that extensions on these tow important themes would have to be extended to tomorrow with the addition of DAY 3's THEME. Does anyone have an idea as to how debate may be stimulated further.The Policy document understandably is not very sassy.....law most times is not...but there must be a way.... Anybody? Also ,Please somebody comment on the Bolivia story.....public interests group persons? Kihanya P.S.I will introduce theme for day 3 tomorrow. ____________________________________________________________________________________ Sucker-punch spam with award-winning protection. Try the free Yahoo! Mail Beta. http://advision.webevents.yahoo.com/mailbeta/features_spam.html _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/alex.gakuru%40yahoo.com Everyone is raving about the all-new Yahoo! Mail beta. _______________________________________________ kictanet mailing list kictanet(a)kictanet.or.ke http://kictanet.or.ke/mailman/listinfo/kictanet Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/rebeccawanjiku%40yahoo.com ____________________________________________________________________________________ Expecting? Get great news right away with email Auto-Check. Try the Yahoo! Mail Beta. http://advision.webevents.yahoo.com/mailbeta/newmail_tools.html

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