August 2018 - KICTANet

Day 4: Policy and Regulatory Framework on Privacy and Data Protection- Data Controllers and Processors
by Grace Bomu 28 Aug '18

28 Aug '18

Good morning listers! Welcome to data protection bill/policy discussions. Last week, we went through the principles of data protection and rights of data subjects. We covered the right to privacy in its different forms including the right to be forgotten and consent. Today, we shift gears a bit and consider the issue of data protection from the point of the *processor and controller*. The bill defines a controller as one who designs data processing and the processor as one who collects, stores, retrieves , discloses, erases etc on behalf of a controller. General obligations for controllers and processors are listed in part IV and they include upholding the principles of data protection, protecting the rights of the data subject, duty to notify the subject about processing and breaches, acquisition of consent and security safeguards as regards personal data. It would be interesting to hear from data controllers and processors, views on: 1. restrictions on processing personal data (clause 30) where processors may not process data objected by the data subject or which has legal claims.What are the practical implications of restrictions? For example, if one company or government agency received a large number of objections in one period? 2. the protection of data subjects from profiling (clause 31). While we have seen negative effects of profiling during the political season, are there positives of profiling that could benefit the data subject and does this bill adequately balance both ends? 3. the bill makes it mandatory to notify data subjects in case of breach. How will this change sectors such as banking where issues of data breaches are never discussed with customers or the public in order to protect the confidence of the industry? 4. Finally, on the issue of sensitive personal data, which is subject to higher protection. Sensitive personal data includes person’s race, health status, ethnic social origin, political opinion, belief, personal preferences, location, genetic data, biometrics, sex life or sexual orientation. What are the practical implications for existing data sets held by for instance the registrar of persons, universities, schools, insurance companies etc? Is the list proposed by the bill exhaustive? The Senate bill for example defines categories such as trade union membership as sensitive data. Welcome to the discussion. Please point out any issues in the bill that are either very good and should be retained or problematic and should be improved. Tujadiliane. -- Grace Mutung'u Skype: gracebomu @Bomu PGP ID : 0x33A3450F

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Day 1- Policy and Regulatory Framework on Privacy and Data Protection
by kanini mutemi 28 Aug '18

28 Aug '18

Day 1- Principles of Data Protection Dear Listers, As GG had indicated on Monday, we will hold online moderated discussions on the policy and regulatory framework on privacy and data protection. I will kick us off with a discussion on the proposed principles of data protection (Part 5 of the draft policy and Part IV of the draft bill). There are seven proposed principles– (a) Fairness, lawfulness and transparency (b) Purpose limitation (c) Data minimisation (d) Storage limitation (e) Accuracy (f) Confidentiality and Integrity (g) Accountability To begin with, I welcome comments on -what is your first impression of the principles? -why do we need to set out principles? -are the principles clearly defined in the draft policy and bill? Tujadiliane! -- Mercy Mutemi.

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Data Protection and GDPR Training
by Mercy Njue 27 Aug '18

27 Aug '18

Dear Listers, Botlab is offering in house trainings on Data protection and GDPR. We customise the trainings based on organisations need assessments. If you would like to know more, or request for a quote, feel free to contact us. [image: BOTLAB Data protection and GDPR Poster.jpeg] -- Mercy Njue Founder Botlab Botlab Physical Address: Ngong hills Hotel along Ngong road, 5th Floor Office line: +254 700 915197 Email: Mercy(a)botlab.biz *Endless possibilities :* www.botlab.biz *"* What we are is God's gift to us. What we become is our gift to God. - Eleanor Powell

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Pilots, Pivots, Innovation and the corporate crutch
by Mbugua Njihia 27 Aug '18

27 Aug '18

Models of production and consumption are changing the world over. New market segments are also opening up due to the availability of broader choice and wallet capacity, driving lifestyle decisions. To this end many startups are emerging across industries either rethinking traditional ways of work or building out entirely new ways to create and present value. These tectonics can happen slowly or come as a short, sharp shock. Having been part of the start-up scene for many years in different capacities, I have noted the transition from the initial David and Goliath narrative where it was the start-up entrepreneur and team against the corporate juggernauts in a winner takes all, to one of partnership and collaboration albeit measured and cautious for the most part. The realization that both the incumbent and start-up need each other, especially so in emerging markets where greenfield opportunities would deliver terrific returns on investment on the back of new and stable technology and sometime low regulatory barriers is refreshing. Full thought - http://www.mbuguanjihia.com/business/pilots-pivots-innovation-and-the-corpo… *Regards,* Mbugua Njihia ᐧ

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(no subject)
by Davidson Thaba 24 Aug '18

24 Aug '18

Hi I see see see

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Re: [kictanet] Invitation to Data Protection Forum and Submission of Comments to Kenya Data Protection Bills (Thursday 23 August, 2018)
by Ephraim Percy Kenyanito 22 Aug '18

22 Aug '18

Dear partner , Greetings from ARTICLE 19 Eastern Africa. ARTICLE 19 in partnership with the *Centre for Intellectual Property and Information Technology*Law (*CIPIT*- Strathmore University Law School) and Kenya ICT Action Network (KICTANET) seek to convene a one day Data Protection Dialogue Forum from *8**am – 5:30pm*on /*Thursday 23 August, 2018). */ While, the Constitution of Kenya, 2010 guarantees freedom of expression and the right to privacy, under Article 31 and 33; Kenya lacks a legally binding comprehensive data protection framework while also retaining laws which are broad and can be used to infringe on privacy on citizen data. The lack of a comprehensive data protection law and existence of laws that can be broadly interpreted to allow for free collection of personal data, storage, usage, and dissemination to other parties has created a situation where citizens are not notified whenever their data is collected and do not have remedies whenever their data is breached on unnecessarily retained by both public and private actors. We note that the ICT committees of the Senate led by Hon Gideon Moi has drafted a Data Protection Bill 2018 and similarly, the Ministry of ICT Taskforce on the Development of the Policy and Regulatory Framework for Privacy and Data Protection in Kenya, chaired by Communications Authority’s Mercy Wanjau has developed a Policy and a draft Data Protection Bill aimed at a Regulatory Framework for Privacy and Data Protection in Kenya and to fill this gap. Please find below the links to the Data Protection Policy and Ministry Bill and the Senate Bill. http://jadili.ictpolicy.org/docs/privacy-and-data-protection-policy-and-bil… http://jadili.ictpolicy.org/docs/the-data-protection-bill,-2018-ch9IKrCm It is with this in mind that the 3 partner organizations and will be meeting multiple data protection experts, lawyers, academia/ data scientists, CSOs, journalists and bloggers to collate recommendations for policy reform on from *8**am – 5:30pm*on /*Thursday 23 August, 2018)*/at Strathmore Law School. Kindly confirm your availability at your earliest convenience to _ephraim(a)article19.org <mailto:ephraim@article19.org>_ Please note that even though you might not be able to participate physically, you can nominate a representative or comment on this bills and Policy via the links above. We look forward to your participation. Best regards, -- Best Regards, Ephraim Percy Kenyanito Digital Programme Officer *ARTICLE 19 EASTERN AFRICA * *DEFENDING FREEDOM **OF EXPRESSION AND INFORMATION* W _https://www.article19.org/regional-office/eastern-africa/ _Tw @article19eafric Fa_facebook.com/article19org <http://facebook.com/article19org> _PGP Fingerprint: B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1

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Re: [kictanet] Day 1- Policy and Regulatory Framework on Privacy and Data Protection
by Kiarie Wagitungo 22 Aug '18

22 Aug '18

Dear Kanini, I am still reading the law. It takes time. But I am wondering, is consent a principle? I hope it is captured in the bill. Yours, Gerishon On Wednesday, 22 August 2018, kanini mutemi <kaninimutemi(a)gmail.com> wrote: > > > ---------- Forwarded message --------- > From: kanini mutemi <kaninimutemi(a)gmail.com> > Date: Wed, 22 Aug 2018 at 09:11 > Subject: Day 1- Policy and Regulatory Framework on Privacy and Data > Protection > To: > > Cc: Mercy Sumbi <mercy(a)mutemisumbi.com> > > > *Day 1- Principles of Data Protection * > > Dear Listers, > > As GG had indicated on Monday, we will hold online moderated discussions > on the policy and regulatory framework on privacy and data protection. I > will kick us off with a discussion on the proposed principles of data > protection (Part 5 of the draft policy and Part IV of the draft bill). > > There are seven proposed principles– > > > > > > > > *(a) Fairness, lawfulness and transparency(b) Purpose limitation(c) Data > minimisation (d) Storage limitation (e) Accuracy(f) Confidentiality and > Integrity (g) Accountability* > To begin with, I welcome comments on > > *-what is your first impression of the principles?* > > *-why do we need to set out principles?* > > *-are the principles clearly defined in the draft policy and bill?* > > Tujadiliane! > -- > *Mercy Mutemi.* > > -- > *Mercy Mutemi, Advocate*. > > > >

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by John Matogo 21 Aug '18

21 Aug '18

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Online moderated discussion on the Policy and Regulatory framework on Privacy and Data Protection
by Grace Githaiga 20 Aug '18

20 Aug '18

Good afternoon Listers As a follow up to an earlier email where I shared the _Policy and Regulatory Framework on Privacy and Data Protection _ (https://www.kictanet.or.ke/?wpdmpro=policy-and-regulatory-framework-on-priv…) I wish to invite all listers to participate in the online moderated debate which will take place over a period of seven days. The Data and Privac framework was developed by a task force constituted by the Minister of ICT in May. Our Grace Bomu and Mercy Mutemi will lead us in the discussion starting which will commence on Wednesday August 22, 2018. Please see the proposed schedule. We look forward to your active participation. Asanteni sana. Date Topic 20 Aug Intro to list * Structure of the discussion * Reference to DP brief Wed 22 Aug Principles of data protection Thur 23 Aug Rights of data subjects Friday 24 Aug Rights of data subjects: II Monday 27 Aug Obligations of processors and controllers Tues 28 Aug Offences and remedies Wed 29 Aug Institutional framework Thur 30 Aug Comments for Way Forward Fri 31 Aug Key findings Best regards Githaiga, Grace Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga(a)hotmail.com Linkedin: https://www.linkedin.com/in/gracegithaiga www.kictanet.or.ke "Change only happens when ordinary people get involved, get engaged and come together to demand it. I am asking you to believe. Not in my ability to bring about change – but in yours"---Barrack Obama.

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How China is working to overtake the internet and butt heads with the U.S. - Axios
by WANGARI KABIRU 18 Aug '18

18 Aug '18

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