November 2013 - KICTANet

Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY
by Walubengo J 28 Nov '13

28 Nov '13

@Eng Kariuki, I think i have partly answered this in an earlier post. Basically, if the digital content is within your physical or geographic domain, it is easier to quickly deal with the security breach...e.g by locally implementing shutdown procedures. Ofcourse this may not put the remote criminal in custody, but it may limit his actions if the local servers are the ones he using to perpetrate the crime. walu. ------------------------------ On Wed, Nov 27, 2013 8:28 PM AST (Arabian) ngethe.kariuki2007(a)yahoo.co.uk wrote: >Walu please advise.What would the local police do when the cyber criminal is in some distant island? >Sent from my BlackBerry® > >-----Original Message----- >From: Walubengo J <jwalu(a)yahoo.com> >Sender: "kictanet" > <kictanet-bounces+ngethe.kariuki2007=yahoo.co.uk(a)lists.kictanet.or.ke> >Date: Wed, 27 Nov 2013 08:46:20 >To: <ngethe.kariuki2007(a)yahoo.co.uk> >Cc: KICTAnet ICT Policy Discussions<kictanet(a)lists.kictanet.or.ke> >Subject: Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY > >@WhiteAfrican, > >I do get your message. But your language might be considered too strong by @BlackAfrican standard and folks may take offense. Check Ali's post on the same - same message, different words :-) > >That said, I think the King @CCK has been caught "naked". Maybe the planned regulation is to make ALL GOVERNMENT data local (which is within the government/regulatory scope to make the call). Or maybe he was misquoted, or maybe I might be trying to hard to do the PR job for CCK... > >@Wambua, you have off late gone completely underground? > >walu. >nb: the benefit of local hosting within the context of cybersecurity was argued on a 1-on-1 between me and Sammy B and we came to some consensus :- that local hosting does give local enforcement (police, prosecution, judiciary) some teeth...and by extension this in itself can act as deterrent against would-be cybercriminals. > >I however dont think that this should lead to a decree that everyone MUST host locally because then I will have to give up my jwalu(a)yahoo.com mail account to avoid hosting my mails abroad :-) > > >-------------------------------------------- >On Wed, 11/27/13, Erik Hersman <erik(a)zungu.com> wrote: > > Subject: Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY > To: jwalu(a)yahoo.com > Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > Date: Wednesday, November 27, 2013, 4:41 PM > > This is the kind of > stupidity that makes you wonder if the people dealing with > the internet regulations and policy at CCK even know what > the internet is. > > > -- > Erik Hersman > > Ushahidi | iHub | BRCK@WhiteAfrican > > On Nov 27, 2013, at 8:12 AM, Rad! > <conradakunga(a)gmail.com> > wrote: > Absolutely absurd if this is in > fact true. > How does hosting sites locally mitigated against > cybercrime? > > What business does anyone have dictating to me > where i can and can't host my websites? > > > On Wed, Nov 27, 2013 at > 6:35 AM, Ali Hussein <ali(a)hussein.me.ke> > wrote: > > Listers > > The Communications > Commission of Kenya has proposed a licensing condition that > may compel Internet service providers (ISPs) to bring > websites hosted offshore back to the country in the fight > against cyber crime... > > http://www.businessdailyafrica.com/Corporate-News/CCK-pushes-firms-to-host-… > > I sincerely hope that the DG was > somehow misquoted on this story. Whilst its a good idea to > host sites locally this in no way stops cybercrime or > mitigates it. Infact with the rudimentary security > infrastructure most providers have I will be loath to host > any site locally leave alone an Ecommerce one > locally. > > Can government please focus on > legislation and regulation instead of butting into my > business and telling me where I should host my website?? > > > Ali Hussein > > +254 0770 906375 / 0713 > 601113 > "I fear the day technology will > surpass human interaction. The world will have a generation > of idiots". ~ Albert Einstein > > Sent from my iPad > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.… > > > > > The Kenya ICT Action Network (KICTANet) is a > multi-stakeholder platform for people and institutions > interested and involved in ICT policy and regulation. The > network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth > and development. > > > > > KICTANetiquette : Adhere to the same standards of acceptable > behaviors online that you follow in real life: respect > people's times and bandwidth, share knowledge, don't > flame or abuse or personalize, respect privacy, do not spam, > do not market your wares or qualifications. > > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at > https://lists.kictanet.or.ke/mailman/options/kictanet/erik%40zungu.com > > The Kenya ICT Action Network (KICTANet) is a > multi-stakeholder platform for people and institutions > interested and involved in ICT policy and regulation. The > network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth > and development. > > KICTANetiquette : Adhere to the same standards of acceptable > behaviors online that you follow in real life: respect > people's times and bandwidth, share knowledge, don't > flame or abuse or personalize, respect privacy, do not spam, > do not market your wares or > qualifications. > > -----Inline Attachment Follows----- > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com > > The Kenya ICT Action Network (KICTANet) is a > multi-stakeholder platform for people and institutions > interested and involved in ICT policy and regulation. The > network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth > and development. > > KICTANetiquette : Adhere to the same standards of acceptable > behaviors online that you follow in real life: respect > people's times and bandwidth, share knowledge, don't flame > or abuse or personalize, respect privacy, do not spam, do > not market your wares or qualifications. > >_______________________________________________ >kictanet mailing list >kictanet(a)lists.kictanet.or.ke >https://lists.kictanet.or.ke/mailman/listinfo/kictanet > >Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40… > >The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. > >KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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Fwd: The Protection of Personal Information Bill signed into law (South Africa)
by Ali Hussein 28 Nov '13

28 Nov '13

Listers FYI. Grace, this may be of interest considering that a South African now chairs the AUC. Ali Hussein +254 0770 906375 / 0713 601113 "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad Begin forwarded message: > From: David Graham <davgraham(a)deloitte.co.za> > Date: November 28, 2013 at 8:32:16 AM GMT+3 > To: Ali <info(a)alyhussein.com> > Subject: The Protection of Personal Information Bill signed into law > Reply-To: davgraham(a)deloitte.co.za > > > Southern Africa > > Dear Ali > > The Protection of Personal Information Bill was signed into law on 19 November 2013 and published in Government Gazette number GG 37067 on 26 November 2013. > > The commencement provision of the now Protection of Personal Information Act provides that the date on which the Act will come into force will be determined by the President through a proclamation to be published at a later date. > > What this means is that the 1 year grace period provided for in the Act, will only commence on the date announced by the President in the near future. So, does business have to be concerned or not? The fact that the Act is now law, and not merely a bill, is significant. It enables the formation of the regulator and other administrative aspects to gear up for policing the Act. > > The message in this latest move is thus clear: compliance with the Protection of Personal Information Act will soon be required, businesses who can effectively leverage data analysis opportunities, cross border data transfer efficiency and secure outsourced data management relationships while implementing compliance will most certainly have the competitive advantage. > > For more information on when compliance is required, contact: > > Dean Chivers, email: dechiver(a)deloitte.co.za > Tel: +2711 806 5159 > > Daniella Kafouris, email: dkafouris(a)deloitte.co.za > Tel: +2711 209 8101 > > Yours Sincerely > > David Graham Digital Channels Executive: Clients & Industries > Deloitte & Touche > Deloitte Place, Building 8 2nd Floor, The Woodlands, 20 Woodlands Drive, Woodmead, South Africa Private Bag X6, Woodmead, 2052, South Africa > Direct: +27 (0)11 517 4022 l Main: +27 (0)11 806 5000 l Fax: +27 (0)11 388 0194 l Mobile: +27 (0)82 906 7227 > davgraham(a)deloitte.co.za l www.deloitte.com Facebook | Twitter | Deloitte Blog | LinkedIn > > Please consider the environment before printing > > Home | Security | Legal | Privacy > > Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/aboutfor a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. > > "Deloitte" is the brand under which tens of thousands of dedicated professionals in independent firms throughout the world collaborate to provide audit, consulting, financial advisory, risk management, and tax services to selected clients. These firms are members of Deloitte Touche Tohmatsu Limited (DTTL), a UK private company limited by guarantee. Each member firm provides services in a particular geographic area and is subject to the laws and professional regulations of the particular country or countries in which it operates. DTTL does not itself provide services to clients. DTTL and each DTTL member firm are separate and distinct legal entities, which cannot obligate each other. DTTL and each DTTL member firm are liable only for their own acts or omissions and not those of each other. Each DTTL member firm is structured differently in accordance with national laws, regulations, customary practice, and other factors, and may secure the provision of professional services in its territory through subsidiaries, affiliates, and/or other entities. > > © 2012 Deloitte & Touche. All rights reserved. Member of Deloitte Touche Tohmatsu Limited > > > > > > Unsubscribe | Update my profile | View PDF | Forward to a friend | Pause subscription > > Email powered by > > This email was sent to info(a)alyhussein.com on 2013-11-28 > Deloitte & Touche Pty(Ltd) is intended for opt in communication only. If you feel this email is unsolicited please report it to us.

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ARE WE ROLLING BACK THE ICT GAINS OF THE LAST 10 YEARS?
by Ali Hussein 28 Nov '13

28 Nov '13

Bwana CS Incase you missed my last posting on this issue. Listers I little bird mentioned to me today that the ICT Ministry is about to sign the ITRs that Kenya declined to back in Dec 2012. As a member of the delegation that went to Dubai we fought hard to ensure that we didn't sign and that there was adequate representation across Government and the private sector. There were pre consultations both off and online and the CCK actively engaged with other stakeholders. Ultimately there were divergent views and the head of delegation declined to sign the ITRs. At that time I penned a few paragraphs on why it was a good thing that Kenya didn't sign the ITRs. http://www.alyhussein.com/2013/01/why-its-a-good-thing-kenya-didnt-sign-the… I hope that little bird was just that..a rumor. If it is true then I personally appeal to Dr. Matiangi as the head of the Ministry to please update us on this issue. Further more we expect at the very least to be engaged as stakeholders in this space as to the reasons of the turnaround. We hope Daktari that we are not jumping the gun here but as you may well understand we are concerned.. Ali Hussein +254 0770 906375 / 0713 601113 "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad

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Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY
by Paul 28 Nov '13

28 Nov '13

@Walu I think you got it wrong here...read your article again. -----Original Message----- From: "Walubengo J" <jwalu(a)yahoo.com> Sent: ‎11/‎27/‎2013 7:48 PM To: "Paul Roy" <roykoikai(a)gmail.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Subject: Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY @WhiteAfrican, I do get your message. But your language might be considered too strong by @BlackAfrican standard and folks may take offense. Check Ali's post on the same - same message, different words :-) That said, I think the King @CCK has been caught "naked". Maybe the planned regulation is to make ALL GOVERNMENT data local (which is within the government/regulatory scope to make the call). Or maybe he was misquoted, or maybe I might be trying to hard to do the PR job for CCK... @Wambua, you have off late gone completely underground? walu. nb: the benefit of local hosting within the context of cybersecurity was argued on a 1-on-1 between me and Sammy B and we came to some consensus :- that local hosting does give local enforcement (police, prosecution, judiciary) some teeth...and by extension this in itself can act as deterrent against would-be cybercriminals. I however dont think that this should lead to a decree that everyone MUST host locally because then I will have to give up my jwalu(a)yahoo.com mail account to avoid hosting my mails abroad :-) -------------------------------------------- On Wed, 11/27/13, Erik Hersman <erik(a)zungu.com> wrote: Subject: Re: [kictanet] CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY To: jwalu(a)yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Date: Wednesday, November 27, 2013, 4:41 PM This is the kind of stupidity that makes you wonder if the people dealing with the internet regulations and policy at CCK even know what the internet is. -- Erik Hersman Ushahidi | iHub | BRCK@WhiteAfrican On Nov 27, 2013, at 8:12 AM, Rad! <conradakunga(a)gmail.com> wrote: Absolutely absurd if this is in fact true. How does hosting sites locally mitigated against cybercrime? What business does anyone have dictating to me where i can and can't host my websites? On Wed, Nov 27, 2013 at 6:35 AM, Ali Hussein <ali(a)hussein.me.ke> wrote: Listers The Communications Commission of Kenya has proposed a licensing condition that may compel Internet service providers (ISPs) to bring websites hosted offshore back to the country in the fight against cyber crime... http://www.businessdailyafrica.com/Corporate-News/CCK-pushes-firms-to-host-… I sincerely hope that the DG was somehow misquoted on this story. Whilst its a good idea to host sites locally this in no way stops cybercrime or mitigates it. Infact with the rudimentary security infrastructure most providers have I will be loath to host any site locally leave alone an Ecommerce one locally. Can government please focus on legislation and regulation instead of butting into my business and telling me where I should host my website?? Ali Hussein +254 0770 906375 / 0713 601113 "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.… The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/erik%40zungu.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/roykoikai%40gmail.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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CCK PUTS PLANS UNDERWAY FOR KENIC DISSOLUTION, 5TH CEO IN SIX YEARS FIRED
by Grace Githaiga 27 Nov '13

27 Nov '13

http://www.wanjiku.co.ke/2013/11/cck-puts-plans-underway-for-kenic-dissolut…

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CCK PUSHES LOCAL FIRMS TO HOST WEBSITES LOCALLY
by Ali Hussein 27 Nov '13

27 Nov '13

Listers The Communications Commission of Kenya has proposed a licensing condition that may compel Internet service providers (ISPs) to bring websites hosted offshore back to the country in the fight against cyber crime... http://www.businessdailyafrica.com/Corporate-News/CCK-pushes-firms-to-host-… I sincerely hope that the DG was somehow misquoted on this story. Whilst its a good idea to host sites locally this in no way stops cybercrime or mitigates it. Infact with the rudimentary security infrastructure most providers have I will be loath to host any site locally leave alone an Ecommerce one locally. Can government please focus on legislation and regulation instead of butting into my business and telling me where I should host my website?? Ali Hussein +254 0770 906375 / 0713 601113 "I fear the day technology will surpass human interaction. The world will have a generation of idiots". ~ Albert Einstein Sent from my iPad

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Celebrating ICT Champions @ 50: ICT Value Awards (ICTVA, 2013)
by Kamotho Njenga 27 Nov '13

27 Nov '13

Organized by the ICT Association of Kenya (ICTAK), the ICT Value awards aim to recognize the very best contributions in the sector, that have fundamentally defined or continue to shape the ICT industry. It is intended that the nomination process will be as open and transparent as possible. All listers are eligible for the respective awards. Further, all wisdom that aids towards credible output is invited. Comprehensive details as well as the Online Nomination Form are available at www.ictak.or.ke Best of luck as you get your nomination. Kamotho

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DotConnectAfrica Trust attends ICANN 48 International Meeting in Buenos Aires, Argentina
by Gideon 27 Nov '13

27 Nov '13

Dear listers Please see this update from Buenos Aires, Argentina for your information. http://archive.constantcontact.com/fs123/1102516344150/archive/111580149351… Regards Gideon Rop DotConnectAfrica

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Re: [kictanet] Day 3: Personal Data Protection
by Walubengo J 27 Nov '13

27 Nov '13

+1, Listers, what more endorsement do you need. Unleash your comments on the AU Cybersecurity Convention that is due to be signed by the President early next year. Lets not make noise after the fact when you have been requested to speak up but kept quiet. On the other hand, government should be ready to explain at a domestic level when and why they feel it necessary to ignore certain Listers input. We want to avoid the Dubai ITU/WCIT standoff :-) walu. ------------------------------ On Wed, Nov 27, 2013 5:34 AM AST (Arabian) Fred Matiangi wrote: >Good morning Listers, > >I have been following the on-going discussion of the proposed AU >convention with keen interest and excitement, especially because this is >precisely how we will end up enriching and strengthening it. I pumped into >John Walubengo last evening and proposed that perhaps in a week or two we >should have a brief brainstorm bringing together all interested parties so >we can concretise our 'Kenya Position' on this convention. Further to this >conversation, I asked my colleagues Victor and Eunice at the ICTA and >Francis Wangusi at CCK to explore possibilities of collating all the ideas >emanating from this forum and setting up a sit down to tie up our >discussions a head of the Heads of State Summit in January. > >Grace- I very sincerely appreciate the initiative to drive this discussion >and look forward to further engagement. > >Good day. > >Fred > > >On Tue, Nov 26, 2013 at 9:23 PM, Grace Githaiga <ggithaiga(a)hotmail.com>wrote: > >> *Good morning Listers* >> >> >> *Today, we move onto PART II: PERSONAL DATA PROTECTION and will tackle >> four questions.* >> >> >> *Objectives of this Convention with respect to personal data* >> >> >> >> *Article II – 2:* >> >> *Each Member State of the African Union shall put in place a legal >> framework with a view to establishing a mechanism to combat breaches of >> private life likely to arise from the gathering, processing, transmission, >> storage and use of personal data.* >> >> *The mechanism so established shall ensure that any data processing, in >> whatsoever form, respects the freedoms and fundamental rights of physical >> persons while recognizing the prerogatives of the State, the rights of >> local communities and the target for which the businesses were established.* >> >> >> *Question:* *What is the relevance of this article? What are these state >> prerogatives? And given the increased interest of state surveillance, how >> can states balance respect of FOE while recognising state prerogatives? * >> >> >> *Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a Protection >> Authority* which is meant to establish standards for data protection. >> Article II – 14 *provides for each Member State of the African Union to >> establish an authority with responsibility to protect personal data. It* *shall >> be an independent administrative authority with the task of ensuring that >> the processing of personal data is conducted in accordance with domestic >> legislations.* >> >> Further, article II-17 states that ‘*Sworn agents may be invited to >> participate in audit missions in accordance with extant provisions in >> Member States of the African Union’.* >> >> >> *Question:* *Considering that this article seems to be tied to the >> Protection Authority, what is its relevance? And who is a ‘sworn >> agent?’ What should this authority look like in terms of its composition? * >> >> >> *Article II – 20:* >> >> *…Members of the protection authority shall not receive instructions from >> any authority in the exercise of their functions. * >> >> *Article II – 21:* >> >> *Member States are engaged to provide the national protection authority >> human, technical and financial resources necessary to accomplish their >> mission.* >> >> >> *Question:* *It appears that this Data Protection Authority is envisaged >> to be fully government supported. Therefore, should we be talking of its >> independence? In what way should this article be framed so that it ensures >> independence of the Authority?* >> >> >> *Article II – 28 to II-34 *outlines six principles governing the >> processing of personal data namely: >> >> Consent and of legitimacy, >> >> Honesty, >> >> Objective, relevance and conservation of processed personal data, >> >> Accuracy, >> >> Transparency and >> >> Confidentiality and security of personal data. >> >> Under each of the specific principles, detailed explanation of how each >> should be undertaken is offered. >> >> >> *Question:* *Is this explanation and detailing of how to undertake each >> necessary in an international (regional) law necessary or needed? Is this >> legislation overkill?* >> >> >> *Lets get your views on data protection concerns.* >> >> >> Rgds >> >> GG >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> Unsubscribe or change your options at >> https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiangi%40gmail.… >> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform >> for people and institutions interested and involved in ICT policy and >> regulation. The network aims to act as a catalyst for reform in the ICT >> sector in support of the national aim of ICT enabled growth and development. >> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors >> online that you follow in real life: respect people's times and bandwidth, >> share knowledge, don't flame or abuse or personalize, respect privacy, do >> not spam, do not market your wares or qualifications. >>

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Day 3: Personal Data Protection
by Gideon 27 Nov '13

27 Nov '13

Dear Dr. Matiangi and Listers, Please find the comments by DotConnectAfrica on the entire Draft African Union Convention on the establishment of a Credible Legal Framework for Cyber Security in Africa. DotConnectAfrica took initiative, analyzed and published these comments to the draft convention over a month ago in October 2013 and circulated it to interested stakeholders. We appreciate the multistakeholder efforts in preparing this convention and look forward to work with everyone in this worthy course. Link to our comments: 1. http://dotafrica.blogspot.com/2013/10/dotconnectafrica-comments-to-draft.ht… 2. http://www.dotconnectafrica.org/wp-content/uploads/2013/10/DotConnectAfrica… *Article II – 2:* With respect to personal data, state prerogatives must be well defined so as not to breach the rights of a private life online or offline. All activities that arise from the gathering, processing, transmission, storage and use of personal data should be well defined and levels of acceptable access and permissions by individual users properly laid out so as not to create a door for perceived surveillance or activities that take away the personal right of a user *Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a Protection Authority* Comment 12: These articles define the membership and the constituting mandates of the said ‘Protection authority’ however it should be left to the countries to define the authorities under inbuilt country contributions/laws or bylaws so as not to create a different center of power or parallel agency. Also the selection of the membership to the protection authority should allow composition from all stakeholders and not only government. ‘Sworn Agents’ should be well defined and described, their mode of selection, duties, responsibilities should be open to public accountability and transparency. Regards DotConnectAfrica Trust. > Message: 1 > Date: Wed, 27 Nov 2013 02:34:09 +0000 > From: Fred Matiangi <fredmatiangi(a)gmail.com> > To: Grace Githaiga <ggithaiga(a)hotmail.com> > Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> > Subject: Re: [kictanet] Day 3: Personal Data Protection > Message-ID: > < > CAHqF9HaFpZiNfA8OqedHxn7BN1C0bdzSrXZCo+MbT9TEdR2NKA(a)mail.gmail.com> > Content-Type: text/plain; charset="windows-1252" > > Good morning Listers, > > I have been following the on-going discussion of the proposed AU > convention with keen interest and excitement, especially because this is > precisely how we will end up enriching and strengthening it. I pumped into > John Walubengo last evening and proposed that perhaps in a week or two we > should have a brief brainstorm bringing together all interested parties so > we can concretise our 'Kenya Position' on this convention. Further to this > conversation, I asked my colleagues Victor and Eunice at the ICTA and > Francis Wangusi at CCK to explore possibilities of collating all the ideas > emanating from this forum and setting up a sit down to tie up our > discussions a head of the Heads of State Summit in January. > > Grace- I very sincerely appreciate the initiative to drive this discussion > and look forward to further engagement. > > Good day. > > Fred > > > On Tue, Nov 26, 2013 at 9:23 PM, Grace Githaiga <ggithaiga(a)hotmail.com > >wrote: > > > *Good morning Listers* > > > > > > *Today, we move onto PART II: PERSONAL DATA PROTECTION and will tackle > > four questions.* > > > > > > *Objectives of this Convention with respect to personal data* > > > > > > > > *Article II ? 2:* > > > > *Each Member State of the African Union shall put in place a legal > > framework with a view to establishing a mechanism to combat breaches of > > private life likely to arise from the gathering, processing, > transmission, > > storage and use of personal data.* > > > > *The mechanism so established shall ensure that any data processing, in > > whatsoever form, respects the freedoms and fundamental rights of physical > > persons while recognizing the prerogatives of the State, the rights of > > local communities and the target for which the businesses were > established.* > > > > > > *Question:* *What is the relevance of this article? What are these state > > prerogatives? And given the increased interest of state surveillance, how > > can states balance respect of FOE while recognising state prerogatives? * > > > > > > *Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a Protection > > Authority* which is meant to establish standards for data protection. > > Article II ? 14 *provides for each Member State of the African Union to > > establish an authority with responsibility to protect personal data. > It* *shall > > be an independent administrative authority with the task of ensuring that > > the processing of personal data is conducted in accordance with domestic > > legislations.* > > > > Further, article II-17 states that ?*Sworn agents may be invited to > > participate in audit missions in accordance with extant provisions in > > Member States of the African Union?.* > > > > > > *Question:* *Considering that this article seems to be tied to the > > Protection Authority, what is its relevance? And who is a ?sworn > > agent?? What should this authority look like in terms of its > composition? * > > > > > > *Article II ? 20:* > > > > *?Members of the protection authority shall not receive instructions from > > any authority in the exercise of their functions. * > > > > *Article II ? 21:* > > > > *Member States are engaged to provide the national protection authority > > human, technical and financial resources necessary to accomplish their > > mission.* > > > > > > *Question:* *It appears that this Data Protection Authority is envisaged > > to be fully government supported. Therefore, should we be talking of its > > independence? In what way should this article be framed so that it > ensures > > independence of the Authority?* > > > > > > *Article II ? 28 to II-34 *outlines six principles governing the > > processing of personal data namely: > > > > Consent and of legitimacy, > > > > Honesty, > > > > Objective, relevance and conservation of processed personal data, > > > > Accuracy, > > > > Transparency and > > > > Confidentiality and security of personal data. > > > > Under each of the specific principles, detailed explanation of how each > > should be undertaken is offered. > > > > > > *Question:* *Is this explanation and detailing of how to undertake each > > necessary in an international (regional) law necessary or needed? Is this > > legislation overkill?* > > > > > > *Lets get your views on data protection concerns.* > > > > > > Rgds > > > > GG > > > > > > > > _______________________________________________ > > kictanet mailing list > > kictanet(a)lists.kictanet.or.ke > > https://lists.kictanet.or.ke/mailman/listinfo/kictanet > > > > Unsubscribe or change your options at > > > https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiangi%40gmail.… > > > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform > > for people and institutions interested and involved in ICT policy and > > regulation. The network aims to act as a catalyst for reform in the ICT > > sector in support of the national aim of ICT enabled growth and > development. > > > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > > online that you follow in real life: respect people's times and > bandwidth, > > share knowledge, don't flame or abuse or personalize, respect privacy, do > > not spam, do not market your wares or qualifications. > > >

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