February 2023 - KICTANet

Re: [kictanet] New Cabinet - Wish List ?
by Barrack Otieno 18 Jul '24

18 Jul '24

Listers, This is indeed good news. We have a lot of hope in Mucheru and Victor Kyalo industry veterans who have indeed worked their way through the trenches. Most importantly we hope to see the return of a multi stakeholder form of engagement in the sector which we have been yearning for in a while. I think as a sector we might need to prepare a wish list for our new leaders and most importantly commit to work with them towards achieving their mandate. The reshuffle is timely still it comes at the end of the year and will allow us to start 2016 on a new slate. Thank you Best Regards On 11/24/15, GG via kictanet <kictanet(a)lists.kictanet.or.ke> wrote: > +1 Grace. > > Sending them positive energy! And glad that the two were among the KICTANet > founders. > Rgds. > > --- Original Message --- > > From: "Grace Mutung'u (Bomu) via kictanet" <kictanet(a)lists.kictanet.or.ke> > Sent: 24 November 2015 22:35 > To: ggithaiga(a)hotmail.com > Cc: "Grace Mutung'u (Bomu)" <nmutungu(a)gmail.com> > Subject: Re: [kictanet] New Cabinet > > One of the issues (I think issue no.3) in the President's speech was > accessibility of leaders to wananchi. With Joe and Kyalo I think we shall > have better ears. > > Congratulations! > > May they pass the vetting. > > Regards, > On 24 Nov 2015 21:29, "Evans Ikua via kictanet" < > kictanet(a)lists.kictanet.or.ke> wrote: > >> @Ngigi you are right. But in the current dispensation, a CS is still >> expected to be a technocrat, as opposed to the days of yore when minister >> was politician. So they will both be at home in their respective >> positions. >> Especially Victor as the accounting officer with his many years in >> government. That's the right position. >> >> Evans >> On Nov 24, 2015 9:17 PM, "Waithaka Ngigi" <ngigi(a)at.co.ke> wrote: >> >>> Evans, >>> >>> Joe Mucheru & Victor Kyalo are old hands in. KE ICT. Both have been >>> entrepreneurs and then at some point moved on to various ventures. So we >>> shouldn't go wrong ‎with either. >>> >>> However, what's the better fit? Mucheru at CS, Victor at PS or the other >>> way round? Victor CS, Mucheru PS? >>> >>> Waithaka Ngigi >>> >>> Alliance Technologies >>> www.at.co.ke >>> *From: *Evans Ikua via kictanet >>> *Sent: *Tuesday, November 24, 2015 8:50 PM >>> *To: *Ngigi Waithaka >>> *Reply To: *KICTAnet ICT Policy Discussions >>> *Cc: *Evans Ikua >>> *Subject: *Re: [kictanet] New Cabinet >>> >>> Congrats Hon Joe! That's a great choice for the ICT industry. Well out >>> H.E. >>> >>> Ikua >>> On Nov 24, 2015 8:45 PM, "waudo siganga via kictanet" < >>> kictanet(a)lists.kictanet.or.ke> wrote: >>> >>>> Congratulations to Joe Mucheru! >>>> >>>> _______________________________________________ >>>> 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/ikua.evans%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. >>>> >>> >>> >> _______________________________________________ >> 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/nmutungu%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. >> > -- Barrack O. Otieno +254721325277 +254-20-2498789 Skype: barrack.otieno http://www.otienobarrack.me.ke/

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Data Protectors Podcast - Episode 1
by David Indeje 04 Apr '23

04 Apr '23

[image: Speakers - Instagram.png] Dear Listers, The first episode of the #DataProtectorsPodcast touches on data protection principles and how small businesses and organisations can integrate them into their operations. In this episode, Our speakers Liesa Borghaert and Mercy Mutindi delve into the seven data protection principles: (1) lawfulness, fairness, and transparency; (2) purpose limitation; (3) storage limitation; (4) data minimalisation; (5) accuracy; (6) integrity and confidentiality; and (7) accountability. Most importantly, they provide practical advice on how to incorporate these principles into organisations’ day-to-day operations. Produced by the Kenyan think tank KICTANET and the Digital Transformation Center (DTC) Kenya, in collaboration with the Nairobi Legal Hackers network, the Data Protectors Podcast brings together Kenyan and European experts to explore different aspects of data protection compliance, share lessons learned, and identify opportunities created with the enactment of the DPA and the GDPR. https://soundcloud.com/au-eu-d4d-hub/data-protectors-podcast-1-principles-o… -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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Fun Fact: Connecting the Unconnected in Nairobi
by David Indeje 28 Feb '23

28 Feb '23

[image: Angaza Community Network.png] Dear Listers, We have set up the Angaza #CommunityNetwork <https://twitter.com/hashtag/CommunityNetwork?src=hashtag_click> in Mathare, Nairobi, targeting 350,000 marginalized groups offering free Wi-Fi in the slums. We aim to set up 10,000 Wi-Fi hotspots & conduct cyber hygiene awareness to 50,000 users directly & 10mn indirectly. A community network is a communication infrastructure deployed and operated by a geographical community to meet its communication needs and enhance activities contributing to its growth and development. Below is a link where you can read more initiatives on Community Networks and their work within Kenya, Uganda, DRC, Malawi, South Africa and Nigeria. https://bit.ly/3lpnSjP <https://t.co/oYyCYnmJOE> -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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FOR THOSE WHO WANT READ CYBER OFFENSIVE and DEFENSIVE
by Gichuki John Chuksjonia 23 Feb '23

23 Feb '23

This is for those who wanna learn tactics and techniques used, during operations in the cyber domain, on a fictional level that can be applied on real world ops. I decided to start writing in 2021, though I never thought I would get back to it, as I had written a lot when I was young. I observed that some American and Europeans Ex-militaries and Ex-Intel officers had resulted to writing and I decided to go back to it too. I was the first person in the world, as an African, to write real Computer Network Operations novel with real actions-on sequences. Though the first book was about hacktivism for those who have read: “She went after Somalian Govt because the PM and the President were dangerously playing a power-play, eventually bombing the wrong structure, killing her Beirut’s oldest, best friend.” Second book, currently under edits will be about Military and Intelligence’s Computer Network Operations ops. It named C0nn3ctB4ck and will be out Mid ‘23. C0nn3ctB4ck can be really good, as a learning base for those in Law Enforcement, Investigations and Intelligence, that wanna understand how Nation states act on cyber space against each during peacetime and war. More on C0nn3ctB4ck, https://chuksjonia.com/AboutTheIncomingC0nn3ctB4ckNovella.html Let’s keep educating each other and show that even in Africa, we can do it too and better. -- -- OnNet CTO http://www.onnetservices.io

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Kabianga University ordered to to pay ex-UoN student Sh500,000 for using his image without his consent.
by Kukubo Masibo 23 Feb '23

23 Feb '23

Dear Listers, A court has ordered the University of Kabianga to pay a former University of Nairobi student Sh500,000 for using his image in online marketing and soliciting funds from a regional bank without his consent. Sitting at the High Court in Kericho, Justice Asenath Ongeri declared that the university violated fundamental rights to privacy and human dignity by publishing an image of Mr Shimlon Mwangi Kuria without his express consent. You can read some more here... https://nation.africa/kenya/news/kabianga-university-to-pay-ex-uon-student-… Are we in a privacy awakening? What is the importance of these decisions to the right to privacy and do they reveal an awareness gap on privacy rights, especially on the part of higher learning institutions? How do we boost awareness among these institutions? -- Meshack K Masibo, Writer|Noisemaker|Lawyer masibolaw.co.ke

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Re: ICNL/KICTANet Consultative Meeting on Access to the Internet and its Impact on Women’s Engagement in Public Participation Mechanisms
by Angela Minayo 22 Feb '23

22 Feb '23

Dear Listers, KICTANet in partnership with International Center for Non-Profit Law will hold a meeting to discuss access to the internet and its impact on women's engagement in public participation. The meeting will be held on *23rd February 2023* from 8:00 am to 4:00 pm at Four Points Hotel, Hurlingham along Argwings Kodhek Road. We have reserved 10 slots for listers. Kindly reach me by email and indicate your name and your organisation/affiliation. Priority will be given to listers working on women rights, democracy and good governance and internet access issues. Angela Minayo Program Officer- KICTANet KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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The fight is on. I&M Bank removes Bank to Mpesa charges
by Mwendwa Kivuva 17 Feb '23

17 Feb '23

After introduction of Bank to M-pesa charges; ATMs got heir grove back. More people started withdrawing to pay cash <https://www.standardmedia.co.ke/business/article/2001464713/atms-get-their-…> to reduce their transaction costs. Now, I&M Bank has permanently dropped levy fees <https://www.businessdailyafrica.com/bd/corporate/companies/i-m-bucks-the-tr…> for transferring cash between its platform and mobile wallets, bucking the trend in the sector that has been reinstating the charges since January amid customer outcry. The move will save I&M customers between Sh10 and Sh65, the range the lender was charging after the Central Bank of Kenya (CBK) announced a return of charges on transactions between banks and mobile money wallets. Is the market adopting to consumer behaviour and correcting itself? What will the future look like on the cost of digital cash transfer charges? Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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Please unsubscribe me from the mailing list
by faith oneya 16 Feb '23

16 Feb '23

Hello, Please unsubscribe me from the mailing list. Best, Faith

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When are companies going to stop blasting us with nuisance SMSs?
by Ali Hussein 16 Feb '23

16 Feb '23

Good people I've been very vocal about these annoying, untargeted, spray-and-pray marketing tactics of many brands. Today I want to demonstrate why they are annoying and have the opposite effect of what they are intended for. And how we can do things better. Bear with me guys as I demonstrate. 1. Pay attention to graphic No.1 below. I give this brand 3k every month. On top of that, I pre-pay at least 4-5k a month for international calls where WhatsApp <https://www.linkedin.com/company/whatsapp./> calls are blocked and it's too cumbersome to get on Zoom <https://www.linkedin.com/company/zoom-video-communications/>, etc, on the fly. Now see my balance of bundles (I'm not being a Luopean, just stating facts. 😀 ). So why then would this brand be hawking to me Kshs 10 worth of bundles every day? 2. Now pay attention to graphic No. 2 below. Why, why, are you annoying me with these unsolicited, untargeted, spray-and-pray SMSs day in and day out? Is there a better way? 3. You bet there is! A rudimentary, no need for AI, Marketing-for-dummies suggestion:- Segment your customers. Prepaid guys with balances to kingdom come don't need to be sent nonsense SMSs or emails telling them to spend Kshs.10 for 500 MB of data when they are sitting on 272 GB of data. Get it? Here are some tools to help you with this:- https://lnkd.in/d4Y7vK6z Segmentation for dummies <https://www.linkedin.com/posts/alihkassim_okrs-wecandobetter-activity-70318…> [image: image.png] C'mon, guys. Let's take this to the next level. Those bulk SMS blasts are just achieving #OKRs <https://www.linkedin.com/feed/hashtag/?keywords=okrs&highlightedUpdateUrns=…> for other people, not you! #WeCanDoBetter <https://www.linkedin.com/feed/hashtag/?keywords=wecandobetter&highlightedUp…> *Ali Hussein* Fintech | Digital Transformation Tel: +254 713 601113 Twitter: @AliHKassim LinkedIn: Ali's Profile <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.

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VIDEOS: Building a Feminist Internet
by David Indeje 15 Feb '23

15 Feb '23

Dear Listers, How can we counter discourse that challenges oppressive social norms using digital technologies? Through the "Our Voices Our Futures (OVOF)" project, we have developed short videos that create awareness and empower us towards what a Feminist Internet is all about. The Feminist Principles of the Internet are a series of statements that offer a gender and sexual rights lens on critical internet-related rights. The principles are Access, Movements, Economy, Expression, and Embodiment. They aim to provide a framework for women's movements to articulate and explore technology-related issues. Here is a link to the videos. Watch, listen, learn and share without forgetting to subscribe to our channel for more!! https://www.youtube.com/watch?v=8Gz-APT0sQA&list=PLYSO7PoCyXHSSfajweP5THtYq… -- *Kind Regards,* *David Indeje* *KICTANet Communications *_____________________________________ +254 (0) 711 385 945 | +254 (0) 734 024 856 KICTANet portals KICTANet.or.ke <https://kictanet.or.ke/> | Twitter <https://twitter.com/kictanet> | LinkedIn <https://www.linkedin.com/company/18428106/admin/> | Facebook <https://www.facebook.com/KICTANet/>

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Global Digital Compact - Stakeholder Input Needed
by Victor Kapiyo 14 Feb '23

14 Feb '23

Dear Listers, Following the political declaration adopted at the occasion of the United Nations’ 75th anniversary <https://undocs.org/en/A/RES/75/1> in September 2020, the Secretary-General in September 2021 released his report *Our Common Agenda*PDF <https://www.un.org/en/content/common-agenda-report/assets/pdf/Common_Agenda…>. The Common Agenda proposes a Global Digital Compact to be agreed at the Summit of the Future in September 2024 through a technology track involving all stakeholders: governments, the United Nations system, the private sector (including tech companies), civil society, grass-roots organizations, academia, and individuals, including youth. The Global Digital Compact is expected to “outline shared principles for an open, free and secure digital future for all”. The Common Agenda report suggests issues that it might cover, including digital connectivity, avoiding Internet fragmentation, providing people with options as to how their data is used, application of human rights online, and promoting a trustworthy Internet by introducing accountability criteria for discrimination and misleading content. Contributions are open by 31 March 2023 - see more information here - https://www.un.org/techenvoy/global-digital-compact Participate in informal consultations led by Sweden and Rwanda - https://www.un.org/techenvoy/global-digital-compact/intergovernmental-proce… Regards, *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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JURISDICTION ON DATA PRIVACY BREACH COMPLAINTS
by Kukubo Masibo 13 Feb '23

13 Feb '23

Recently, there was a thread on the case against Safaricom by it's users on the privacy concerns in light of it's terms and conditions. I remember an argument as to which institution is specialised to handle such complaints - the Constitutional Court or the ODPC. I argued for the latter, here is an interesting case to support that. In Mwangi & another v Naivasha County Hotel t/a Sawela Lodges (Petition E003 of 2021) [2022] KEHC 10975 (KLR) (19 July 2022) (Ruling) The Petitioners alleged that the Respondent took photographs of them during a team building activity at the Respondent’s premises and proceeded to make posts on various social media platforms using the said pictures with the intention of marketing the Respondent’s products. The Petitioners averred that the actions of the Respondent violated their right to privacy as they did not consent to having their photos taken and the used The Court held that the matters raised by the Petitioners fall under the jurisdiction of the Data Protection Commissioner established under the Data Protection Act, 2019 and the Honourable Court acted to discourage invocation of the constitutional process where there exists a parallel or alternative statutory remedy. Will the class action against Safaricom suffer the same fate? And why the difference in jurisprudence emanating from the High Court? Why did they admit the Njeri Wanjiru V Machakos University case and throw this one out? What can be done to ensure the Courts develop consistent and synchronous decisions in this area? Kind regards Meshack K Masibo.

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Post Pandemic Economic Ripple Effects
by catherine kyalo 08 Feb '23

08 Feb '23

Post pandemic economic ripple effects or is it? Currently in Kenya, we are being allowed a limit of only 500 per outpatient visit under NHIF (not sure about inpatient), which by the way does not cover any tests however minute. What can you possibly get done with 500? When did the terms for NHIF change? Meanwhile, Meta Platforms Inc. is asking many of its managers and directors to transition to individual contributor jobs or leave the company as it tries to become more efficient, according to people familiar with the matter. https://www.bloomberg.com/news/articles/2023-02-07/meta-to-ask-many-manager… As if this is not enough, Zoom on Tuesday announced plans to cut about 1,300 workers or 15% of its workforce, citing the need to adjust to the "uncertainty of the global economy" https://www.google.com/amp/s/www.cnbc.com/amp/2023/02/07/zoom-to-lay-off-13… - -

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FULIZA LOSES CLOSE TO SH 500 MILLION TO SCAMMERS
by Victor Kapiyo 08 Feb '23

08 Feb '23

Seems our friends from Mulot are giving Safaricom a run for their money. Great to see that law enforcement are catching up. It will be interesting to see whether ODPP can successfully prosecute the offences and recover the funds. ****** Detectives have uncovered a high level syndicate where scammers have obtained close to Sh500 million through a popular mobile phone platform supported by mobile communication service provider, Safaricom. The service provider through its Fuliza overdraft service where customers can complete their MPESA transactions even when they do not have enough funds in their M-PESA account, lost the money in a well coordinated scheme by eight young men based in Nakuru and Trans-Nzoia counties. Isaack Kipkemoi, Gideon Rono, Maxwell Ributhu, Gideon Kirui, Moses Rono, Collins Kipyegon and Edwin Cheruiyot were arrested at an apartment in Kiamunyi, while the mastermind Peter Gitahi was arrested in Kitale, Trans-Nzoia County following the meticulous operation by our officers. The young men who were found in possession of thousands of Safaricom and Airtel SIM cards were using fraudulently generated identity cards numbers to register the SIM cards before proceeding to borrow money through the application. Detectives began investigations into this well choreographed fraud after a report was filled to the Banking Fraud Investigations Unit (BFIU) in August 2022, after the managers of the fund detected an unusual spike in Fuliza loan uptakes that were way above their performance scale and the borrowers were not repaying the loans. According to sleuths from BFIU, over 123,000 new mobile phone numbers opted into fuliza and took up loans in January 2022. Thereafter, the SIM cards were either fraudulently vacated or switched off and efforts to reach the customers turned futile. It is after further investigations that detectives realized that the SIM cards had been registered fraudulently by one of the suspects identified as Peter Gitahi, who is suspected to have access to the National Registration Bureau database, where he develops falsified identity numbers used in the high profile fraud. Preliminary investigations indicate that after developing the numbers and registering the lines he would sell them to his accomplices based in Nakuru who would then perpetuate the fraud. Further, the detectives uncovered that some of the lines had been registered as Safaricom agents where the borrowed funds would be deposited to personal bank accounts belonging to the individuals, disguised as Mpesa float. The seemingly industrious suspects would initially borrow money and repay thereby improving their credit scores, until the SIM cards achieved their limits when they would borrow for the last time before disposing the SIM card. One identity card would be used to register 5 lines in the daring SIM scam perpetuated by the young men, aged between 24-30 years. The suspects who live large in an apartment at Kiamunyi, have through their craft acquired 2 brand new Subarus, one Toyota Mark X, a Toyota Probox and two motorbikes for their ease of movement. During the operation, the detectives recovered 14 mobicom phones used in registering MPESA user SIM cards, 6laptops over 40 mobile phones, 7 routers, assorted Safaricom lines, over 1000 Safaricom subscribers registration forms, over 200 ATM cards from all major banks, car agreements among other exhibits. Detectives are currently interrogating the suspects for more insights into the high level fraud before arraigning them in court. #FichuakwaDCI 0800 722 203. https://www.facebook.com/100064587441038/posts/pfbid02NrhSdUtRuU9x5wM7yhTmn…

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eFNS Futuristic
by Gerhard May 08 Feb '23

08 Feb '23

Dear all, I have a technical problem with the Government's eFNS platform. Is there anybody fr Futuristic on this list or can somebody provide me a contact please. cheers, -- Gerhard May

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Re: KICTANet Digest, Vol 179, Issue 46
by __ Limo 03 Feb '23

03 Feb '23

unsubscribe me please http://www.bankelele.co.ke Twitter: @bankelele ________________________________ From: kictanet-request(a)lists.kictanet.or.ke <kictanet-request(a)lists.kictanet.or.ke> Sent: Thursday, February 2, 2023 1:47 PM To: Bankelele <bankelele(a)hotmail.com> Subject: KICTANet Digest, Vol 179, Issue 46 Send KICTANet mailing list submissions to kictanet(a)lists.kictanet.or.ke To subscribe or unsubscribe via email, send a message with subject or body 'help' to kictanet-request(a)lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner(a)lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of KICTANet digest..." Today's Topics: 1. Re: KRA Should Keep of MPESA (Kukubo Masibo) 2. Re: Users allowed to sue Safaricom over clients bank details access (Kukubo Masibo) 3. Re: Users allowed to sue Safaricom over clients bank details access (James Mbugua) ---------------------------------------------------------------------- Message: 1 Date: Thu, 2 Feb 2023 12:15:22 +0300 From: Kukubo Masibo <kukubomasibo(a)gmail.com> Subject: [kictanet] Re: KRA Should Keep of MPESA To: "Kenya's premier ICT Policy engagement platform" <kictanet(a)lists.kictanet.or.ke> Message-ID: <CABMDN854Hbu4vjg11WbgfOKRoN1rcaN-A_mg+mVjdWuVwuudRg(a)mail.gmail.com> Content-Type: multipart/alternative; boundary="000000000000e3186205f3b40176" Interesting article James, I am also curious whether KRA has conducted a Data Protection Impact Assessment to assess the risks to personal data that come with the exercise and to introduce sufficient safeguards. Best regards, On Mon, Jan 30, 2023 at 11:44 AM James Mbugua via KICTANet < kictanet(a)lists.kictanet.or.ke> wrote: > Listers, > > See copied below unabridged version. > > Regards, > > JG > > KRA ACCESS TO M-PESA TRANSACTIONS IS A GRAVE THREAT TO PRIVACY ON DATA > PROTECTION WEEK > BY JAMES MBUGUA > As the Kenyan government looks for new ways to increase revenue collection > and curb tax cheating, the Kenya Revenue Authority has announced plans to > gain direct and warrantless access to M-Pesa transactions. While the > intentions of (KRA) may be noble, the methods proposed raise serious > concerns about privacy rights and the protection of personal data. > In fact, they constitute illegal searches and seizures contrary to Article > 31 of the Constitution of Kenya, and well established jurisprudence on > privacy rights from around the world. > Article 31 provides for the right to privacy and states that every person > has the right to privacy, which includes the right not to have their > person, home or property searched; their possessions seized; information > relating to their family or private affairs unnecessarily required or > revealed; or the privacy of their communications infringed. > Kenya’s Data Protection Act of 2019, provides in Section 4 that a data > subject’s consent must be sought before their data is collected and > processed. Section 15 requires data controllers to obtain a warrant from a > court of law before accessing personal data. This is to ensure that the > collection, processing and sharing of personal data is necessary and > proportionate. > The High Court of Kenya, in the case of Center for Rights Education and > Awareness (CREAW) v Attorney General [2013] , as well as in Maina Kiai v > Attorney General held that the government's surveillance of citizens' > communications without a warrant is a violation of the right to privacy > protected under the Constitution. > KRA’s proposal in the Budget Policy Statement released by the National > Treasury last week, ironically came on the eve of Data Protection Week when > the world marks the International Data Protection Day, on 28th January. > In Europe, whose General Data Protection Regulation (GDPR) we largely > modelled our Act on, the principle of necessity and proportionality, in > collection of personal data, has repeatedly been upheld by courts when > government agencies have tried to access citizens’ telecommunications > information without warrants. The courts have ruled that general and > indiscriminate retention of personal data is incompatible with EU laws and > constitutional rights, because it represents a serious interference with > the right to privacy and the protection of personal data > In the Digital Rights Ireland vs. Minister for Communications case, as > well as another called the Tele2 case, the European Court of Justice (ECJ) > ruled that a law requiring telecommunications service providers to retain > traffic and location data for a period specified by national law in order > to detect, investigate and prosecute crime was invalid. The Court > emphasized that any interference with the right to privacy and the > protection of personal data must be proportionate to the legitimate aim > pursued. > These cases reinforced the principle that any data retention measures must > be limited to what is strictly necessary to achieve a legitimate aim. > In Kenya’s case, it can be argued that KRA can achieve its mandate through > other means without large scale surveillance and interference with people’s > privacy. > Further, granting KRA unfettered access to M-Pesa transactions data > without the need for court orders, violates constitutional protection > against illegal searches and seizures, also provided for under Article 31 > of the Constitution. > In the United States, for example, the Supreme Court has ruled that the > government's warrantless access to historical cell phone location data is a > violation of the Fourth Amendment, which protects individuals against > unreasonable searches and seizures. The court found that the collection of > cell phone location data constitutes a search under the Fourth Amendment > and that the government must obtain a warrant based on probable cause > before accessing such data. > In Canada, the Supreme Court has ruled that the government's warrantless > access to historical telecommunications data is a violation of the right to > privacy protected under the Canadian Charter of Rights and Freedoms. The > court found that the collection of telecommunications data constitutes a > search under the Charter and that the government must obtain a warrant > based on a reasonable expectation of privacy before accessing such data. > _______________________________________________ > KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke > To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke > -- Meshack K Masibo, Writer|Noisemaker|Lawyer Affiliated with KICTANet kictanet.or.ke

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Users allowed to sue Safaricom over clients bank details access
by Victor Kapiyo 03 Feb '23

03 Feb '23

The High Court has allowed millions of Safaricom subscribers to join a class action suit against the telecoms operator over a clause in the SIM card registration rules that allows the firm to collect bank details of mobile phone users. Clause 3.2.1 in the data privacy statement, which subscribers filled as part of the re-registration process, states that the telecoms operator can “collect and store information including credit or debit card information, information on bank account numbers, Swift codes or other banking information”. Read more: https://www.businessdailyafrica.com/bd/economy/users-allowed-to-sue-safaric… Looks like we are going to see a lot of privacy related litigation in the coming years. *Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar*

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Fwd: [NRIs List] IGF 2023 Youth Track
by Barrack Otieno 03 Feb '23

03 Feb '23

Listers, To the Youth who are passionate about the Internet Governance Forum, this might be of interest to you. Best Regards ---------- Forwarded message --------- From: Anja Gengo <anja.gengo(a)un.org> Date: Thu, Feb 2, 2023 at 12:39 PM Subject: [NRIs List] IGF 2023 Youth Track To: Igfregionals(a)intgovforum.org <igfregionals(a)intgovforum.org> Dear Colleagues, This is to update you on the status of the IGF 2023 Youth Track. As you know, the first open planning meeting took place in January. The Youth IGF coordinators and other participants agreed that the track will follow the last year’s structure. The overall umbrella topic relates to cybersecurity and trust with a motto ‘Safe Digital Future’. It is expected that four capacity development workshops will take place in a leadup to the IGF 2023 Global Youth Summit hosted on 8 October in Kyoto. The Secretariat is in a process of confirming the delegated focal point from Youth IGFs (independent ones as well as those integrated in other NRIs) as well as participation from international youth-focused organizations. All members of the organizing team are contacted already to understand their formal engagement in this year. As confirmations are received, the profiles are added to the IGF 2023 Youth Track page *https://www.intgovforum.org/en/content/igf-youth-track* <https://www.intgovforum.org/en/content/igf-youth-track>. Please do let us know if your multistakeholder organizing teams would like to delegate a focal point to participate in the organizing team. Best regards, Anja _______________________________________________ Igfregionals mailing list Igfregionals(a)intgovforum.org To unsubscribe or manage your options please go to http://intgovforum.org/mailman/listinfo/igfregionals_intgovforum.org -- Barrack O. Otieno +254721325277 +254733206359 Skype: barrack.otieno PGP ID: 0x2611D86A

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Social media: UNESCO leads global dialogue to improve the reliability of information
by Gachungi, Lydia 03 Feb '23

03 Feb '23

________________________________ From: UNESCOPRESSE <unescopresse(a)unesco.org<mailto:unescopresse@unesco.org>> [6419f440e7b04a618f52b35a754fb4f1.png] PRESS RELEASE Social media: UNESCO leads global dialogue to improve the reliability of information Paris, 1 February - As part of its mandate, UNESCO has launched a global dialogue to provide guidelines for regulating digital platforms, to fight disinformation and hate speech and protect freedom of expression and human rights. The high point will be an international conference organized at the Organization's Paris headquarters on 21-23 February. This will result in the presentation by UNESCO, in mid-2023, of global guidelines for governments, regulatory bodies and digital companies. "The call is now coming loud and clear from all quarters. It is time to address one of the defining questions of our age, with implications for democracy and human rights worldwide: the challenge of how to support States in developing principles and rules for digital platforms so that they enable freedom of expression, and promote the availability of accurate and reliable information," said Audrey Azoulay, UNESCO's Director-General. A flawed business model Social media and other digital platforms have empowered people all over the world to communicate, share information, and transform their societies. But increasingly, these platforms are also breeding grounds for disinformation, hate speech and conspiracy theories. In recent years, the issue of monitoring and moderating content has been an important factor in violence, insurrection, marred elections and democratic transfers of power in scores of countries. Studies show that engagement can often be prioritized at any cost. This leads to algorithms favoring the most controversial content, because it triggers the most reaction, in spite of the evidence that this content can damage the fabric of our societies, sowing distrust, helping to seed extremism, and undermining fundamental human rights. There appear to be vast imbalances between regions and languages, with moderation resources sometimes distributed on the basis of financial or political interests, or far too late, in response to public outrage once violence or election meddling has already occurred. Global issues require global guidelines Many countries are advancing regulation to respond to these issues, but this has so far been uncoordinated and fragmented, with some countries clearly not in line with international norms on freedom of expression. Given the global dominance of a limited number of players, the need for a consistent global approach has never been more pressing than right now. As the United Nations agency for communication and information issues, UNESCO is leading global consultations on this topic, involving governments, regulatory bodies, digital companies, academia, civil society and UN agencies. This global dialogue will culminate in what is believed to be the first global conference specifically focused on guidance for the regulation of digital platforms, from 21 to 23 February 2023. Thousands of representatives from these groups are already registered to participate. UNESCO experts will then incorporate the feedback received during these discussions and engage in new rounds of consultations aiming to finalize and publish the first global guidelines on the topic in mid-2023. They will be used by governments, regulators, digital companies and other groups to implement policies and tools as needed, with UNESCO's expertise and support, while ensuring they are aligned to international human rights norms. UNESCO's initiative responds to the call from the UN Secretary General in "Our Common Agenda"<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUQmCm09…> to address the spread of disinformation and the denial of scientifically established facts, which pose "an existential risk to humanity". UNESCO's mandate to provide guidelines for regulation UNESCO has a global mandate, enshrined in its constitution, to promote the free flow of ideas by word and image. It leads UN action to promote freedom of expression and access to information. This includes a decades-long history of providing guidance to and promoting cooperation between broadcast regulators and press councils, including by advancing international standards. The Windhoek+30 Declaration on Information as a Public Good<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUW7aBwv…> in the Digital Age, endorsed by UNESCO's 193 Member States in 2021, calls for increased transparency of technology companies, support for the long-term viability of news media and teaching citizens everywhere media and information literacy. Under the leadership of its Director-General, Audrey Azoulay, UNESCO is specifically working to improve the transparency of digital platforms, including through developing a series of principles<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUbsgtwT…> for transparency and accountability in the digital age. UNESCO also established the first global standard on the ethics of artificial intelligence<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUTfJv5…>, adopted unanimously by its Member States in 2021, which includes a specific call for "appropriate frameworks, including regulation" to address these issues. Media accreditation Journalists please register here<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUNb731…> Press contact Clare O'Hagan, c.o-hagan(a)unesco.org<mailto:c.o-hagan@unesco.org>, +33145681729 UNESCO Newsroom All our press releases<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUUTfJv5…> Social media [Image]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUb8Hzhz…> [logo-instagram-png-fundo-transparente13]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUQbhipl…> [unesco_fr]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUXHRqec…> [Linkedin Logo -Logo Brands For Free HD 3D]<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUegha2L…> If you would rather not receive future communications from UNESCO, let us know by clicking here.<https://u7061146.ct.sendgrid.net/ls/click?upn=4tNED-2FM8iDZJQyQ53jATUeYfdhr…> UNESCO, 7, place de Fontenoy, PARIS, NA FRANCE France

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KRA Should Keep of MPESA
by James Mbugua 02 Feb '23

02 Feb '23

Listers, See copied below unabridged version. Regards, JG KRA ACCESS TO M-PESA TRANSACTIONS IS A GRAVE THREAT TO PRIVACY ON DATA PROTECTION WEEK BY JAMES MBUGUA As the Kenyan government looks for new ways to increase revenue collection and curb tax cheating, the Kenya Revenue Authority has announced plans to gain direct and warrantless access to M-Pesa transactions. While the intentions of (KRA) may be noble, the methods proposed raise serious concerns about privacy rights and the protection of personal data. In fact, they constitute illegal searches and seizures contrary to Article 31 of the Constitution of Kenya, and well established jurisprudence on privacy rights from around the world. Article 31 provides for the right to privacy and states that every person has the right to privacy, which includes the right not to have their person, home or property searched; their possessions seized; information relating to their family or private affairs unnecessarily required or revealed; or the privacy of their communications infringed. Kenya’s Data Protection Act of 2019, provides in Section 4 that a data subject’s consent must be sought before their data is collected and processed. Section 15 requires data controllers to obtain a warrant from a court of law before accessing personal data. This is to ensure that the collection, processing and sharing of personal data is necessary and proportionate. The High Court of Kenya, in the case of Center for Rights Education and Awareness (CREAW) v Attorney General [2013] , as well as in Maina Kiai v Attorney General held that the government's surveillance of citizens' communications without a warrant is a violation of the right to privacy protected under the Constitution. KRA’s proposal in the Budget Policy Statement released by the National Treasury last week, ironically came on the eve of Data Protection Week when the world marks the International Data Protection Day, on 28th January. In Europe, whose General Data Protection Regulation (GDPR) we largely modelled our Act on, the principle of necessity and proportionality, in collection of personal data, has repeatedly been upheld by courts when government agencies have tried to access citizens’ telecommunications information without warrants. The courts have ruled that general and indiscriminate retention of personal data is incompatible with EU laws and constitutional rights, because it represents a serious interference with the right to privacy and the protection of personal data In the Digital Rights Ireland vs. Minister for Communications case, as well as another called the Tele2 case, the European Court of Justice (ECJ) ruled that a law requiring telecommunications service providers to retain traffic and location data for a period specified by national law in order to detect, investigate and prosecute crime was invalid. The Court emphasized that any interference with the right to privacy and the protection of personal data must be proportionate to the legitimate aim pursued. These cases reinforced the principle that any data retention measures must be limited to what is strictly necessary to achieve a legitimate aim. In Kenya’s case, it can be argued that KRA can achieve its mandate through other means without large scale surveillance and interference with people’s privacy. Further, granting KRA unfettered access to M-Pesa transactions data without the need for court orders, violates constitutional protection against illegal searches and seizures, also provided for under Article 31 of the Constitution. In the United States, for example, the Supreme Court has ruled that the government's warrantless access to historical cell phone location data is a violation of the Fourth Amendment, which protects individuals against unreasonable searches and seizures. The court found that the collection of cell phone location data constitutes a search under the Fourth Amendment and that the government must obtain a warrant based on probable cause before accessing such data. In Canada, the Supreme Court has ruled that the government's warrantless access to historical telecommunications data is a violation of the right to privacy protected under the Canadian Charter of Rights and Freedoms. The court found that the collection of telecommunications data constitutes a search under the Charter and that the government must obtain a warrant based on a reasonable expectation of privacy before accessing such data.

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