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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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The effects of Artificial Intelligence (AI) on the working lives of women
by Gachungi, Lydia 31 Jan '23

31 Jan '23

The effects of Artificial Intelligence (AI) on the working lives of women- https://unesdoc.unesco.org/ark:/48223/pf0000380861 This 2022 report, by the IDB, OECD and UNESCO, outlines current knowledge of the impact that AI systems have on women's opportunities for work, and their position, treatment and status in the workforce. It does so by exploring how AI is used within and outside the workplace, and how it could be used in the future. It looks at the potential impact of new and emerging AI technologies on the skills that employers will require, on how women look for and are hired for jobs, and on how jobs are structured through automated monitoring and oversight. The report maps the opportunities and challenges that AI presents for the working lives of women and highlights the complexities that varying national and regional contexts present for understanding the impact of AI on the work of women. The report also notes that current research does not offer a complete or definite picture of how AI impacts the working lives of women and calls for further research and analysis in this area. The report offers six findings: 1. Reskilling and upskilling women workers 1. Encouraging women in STEM 2. Accounting for contextual and cultural complexity 3. Leveraging multi-stakeholder approaches - G 4. Shaping gender stereotypes 5. Continuing applied research - Lydia Gachungi Regional Adviser on Freedom of Expression and Safety of Journalists Addis Ababa Liaison Office to the African Union and the United Nations Economic Commission for Africa/ National Office for Ethiopia. Niger Building, 1st Floor (ECA Compound) PO Box 1177 Addis Ababa, Ethiopia Office Tel: +251 115443786 Mobile No: +251 945505333/ + 254722803724 Email:.l.gachungi@unesco.org https://en.unesco.org/fieldoffice/addisababa/<https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fen.unesco…> @LGachungi / @UNESCO_Addis [cid:image001.jpg@01D935C6.20CE2D80]

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KICTANET Morning Digest
by David Indeje 31 Jan '23

31 Jan '23

Start your day smarter! Open National Tender for the Provision of Telecommunication Mobile Active Infrastructure and Services in the Unserved and Underserved Areas of Kenya – PHASE 2 & 3 The Communications Authority of Kenya <https://www.linkedin.com/company/communications-authority-of-kenya/> has released a tender under the Universal Service Fund to provide Telecommunications Mobile Active Infrastructure and services in the unserved and underserved areas of Kenya. Twenty-nine underserved and unserved sub-locations under Phase 2 with a population of 67,165 people have been identified to benefit from a total USF subsidy of KES 262,839,956.26. Phase 3, with 68 sub-locations and a population of 403,783 people, will get a subsidy of KES 637,745,425.67. Please take a look below for details on how to bid and why USF is important in connectivity. https://bit.ly/3WPnbNY [image: Data Privacy Week 2023.jpeg] ICT Ministry Tasked to Issue Kenyans With Digital IDs To Replace Huduma Namba The Kenyan government is pushing for a nationwide digital ID scheme by the end of 2023. The digital identities (ID) are meant to replace the Huduma Namba, launched in 2019 by Uhuru Kenyatta's government. Is it a good thing or a bad thing? Mr John Walubengo poses the question: "The big question remains: will the CS for ICT and Digital Economy take the President's order to create a digital identity for Kenyans <https://www.kictanet.or.ke/mdocs-posts/data-protection-and-digital-identity…> differently? Or will he dump Huduma Namba, start afresh and repeat its mistakes? https://bit.ly/3HKpaie Misinformation and Disinformation in Kenya A study undertaken by Trends and Insights for Africa (TIFA), a Research company on Disinformation and the Role of Big Tech in Kenya report says Kenyans want educational campaigns to help people find and report Disinformation and fake news. (See attached). The report collaborates some of our findings in our Disinformation in Kenya's Political Sphere: Actors, Pathways and Effects <https://www.kictanet.or.ke/reports/#>. The research was part of a regional study conducted by CIPESA, that explores the nature, perpetrators and effects of misinformation in Cameroon, Ethiopia, Uganda, Nigeria and Kenya. [image: KICTANet Spaces.jpeg] #KICTANetSpaces <https://twitter.com/hashtag/KICTANetSpaces?src=hashtag_click> Pre Valentines Make a date with our Accessibility team, who shall host their second #KICTANetSpaces <https://twitter.com/hashtag/KICTANetSpaces?src=hashtag_click> about the online dating experiences for persons with disability (PWD). It has been scheduled for 13 February 2023 from 8:00 pm EAT. Would you wish to be on the panel? Kindly comment below. Here is the link to our previous session, "Raising Awareness on Accessibility & Inclusivity for PWDs" https://bit.ly/3JmZGsn <https://t.co/mary3QYy6k> Have yourself a great day! -- *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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IoT-Policy-and-Attack-Report_FINAL.pdf
by Johnsey Kivoto 30 Jan '23

30 Jan '23

Hi members, Sharing useful report by Global Cyber Alliance. Hope you will find it useful. Thanks Johnsey Kivoto

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Call for Reseacher: Accessibility for Government of Kenya websites for Person's with Disabilities
by Judy Okite 24 Jan '23

24 Jan '23

Introduction KICTANET is currently seeking applications for independent researchers to audit the accessibility of public service websites in Kenya for Persons with Disabilities (PWDs). This research project is part of KICTANET’s Digital Access Program that seeks to promote the accessibility of digital technologies and platforms for Persons with Disability. The researcher will work closely with Accessibility fellows throughout the research project. Background According to the 2019 Kenya National Census, about 1 million Kenyans have some form of disability. Persons with Disabilities (PWDs) have a right to social justice and equality but can also make immense contributions to society if given the proper assistive tools. However, this is different. The challenges PWDs face in accessing information and services in the digital space became more pronounced during the COVID-19 Pandemic when multiple essential services from the government and the private sector were moved online for continuity. Information and services remained inaccessible to people with disabilities, especially those with visual, hearing, intellectual and physical disabilities. What seemed to be an effective response to the COVID-19 Pandemic had a completely opposite impact on Persons with disabilities. It is against this backdrop, KICTANET is conducting research on the ‘Accessibility of the government of Kenya websites for persons with disability.’ This initial research will focus on visual, hearing, and cognitive disabilities. Application process; Eligibility: The potential researcher must have experience in at least one of the following fields: public policy, governance, and human rights Must be proficient in both written and spoken English Must be Kenyan, living in Kenya at the time of the application and research process Academic qualification; web developer with proven skills in accessibility (please share links to accessible websites that you have worked on) Active membership to the KICTANet mailing list is a plus, but not a must. The application must include the following; Feasibility of the research in terms of timeline, etc List of tools to be used and collaborators, if any Links to any research that one has done or participated in At least two references *Application Deadline is 25th January 2023,11:59 pm EAT* Send your proposal to jokite(at)kictanet.or.ke with the subject: ‘Accessibility research proposal.’ In case of any questions regarding this call, please send them to the same address. Only qualified applicants will be invited for interviews. Kind regards, Kind Regards,

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PARTICIPATION: ICT technologies Regulatory Sandbox
by David Indeje 24 Jan '23

24 Jan '23

Dear Listers, The Communications Authority of Kenya is developing this regulatory sandbox with the aim of nurturing and supporting innovation by exploring the application of innovative regulatory solutions. It invites you on the proposed guidelines. https://www.ca.go.ke/consumers/public-consultations/open-consultations/ -- *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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Re: KICTANet Digest, Vol 179, Issue 39
by perpetua mwangi 24 Jan '23

24 Jan '23

Very good idea! Sent from my iPhone > On 24 Jan 2023, at 10:00, kictanet-request(a)lists.kictanet.or.ke wrote: > > 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: Coming soon: Data Protectors Podcast (Joel Cenas) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Tue, 24 Jan 2023 09:50:51 +0300 > From: Joel Cenas <ojayc19(a)gmail.com> > Subject: [kictanet] Re: Coming soon: Data Protectors Podcast > To: "Kenya's premier ICT Policy engagement platform" > <kictanet(a)lists.kictanet.or.ke> > Message-ID: > <CA+un+FEu==thXmq45Oz9_8YJJX6RnQfPfs4XmQ_sgAiNKctNyw(a)mail.gmail.com> > Content-Type: multipart/related; > boundary="00000000000072b46d05f2fcf0c7" > > This is awesome. > >> On Mon, Jan 23, 2023 at 5:12 PM Innocent Muteshi via KICTANet < >> kictanet(a)lists.kictanet.or.ke> wrote: >> >> Nice good idea there. >> >> On Mon, 23 Jan 2023, 3:27 p.m. David Indeje via KICTANet, < >> kictanet(a)lists.kictanet.or.ke> wrote: >> >>> [image: image.png] >>> Dear Listers, >>> >>> Happy new week from wherever you are. We are excited to inform you that >>> we shall be producing podcasts aimed at sparking conversation on how best >>> we can advance data privacy compliance in Kenya. >>> >>> We shall be sharing one each bi-weekly and we hope by the time we are >>> doing the 8th one, we shall not only be empowered but have created >>> conversations within this new field of data privacy and compliance in Kenya. >>> >>> As a wrap up, this week, our Trustee Mr John Walubengo is wondering >>> why Kenya launched its Blockchain strategy with much fanfare in 2019 and >>> then went deadly quiet. What is the way forward? >>> https://www.kictanet.or.ke/blockchain-strategy-did-kenya-drop-the-ball/ >>> >>> >>> >>> >>> -- >>> *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/> >>> _______________________________________________ >>> KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke >>> To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke >>> >> _______________________________________________ >> KICTANet mailing list -- kictanet(a)lists.kictanet.or.ke >> To unsubscribe send an email to kictanet-leave(a)lists.kictanet.or.ke >> >

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Coming soon: Data Protectors Podcast
by David Indeje 24 Jan '23

24 Jan '23

[image: image.png] Dear Listers, Happy new week from wherever you are. We are excited to inform you that we shall be producing podcasts aimed at sparking conversation on how best we can advance data privacy compliance in Kenya. We shall be sharing one each bi-weekly and we hope by the time we are doing the 8th one, we shall not only be empowered but have created conversations within this new field of data privacy and compliance in Kenya. As a wrap up, this week, our Trustee Mr John Walubengo is wondering why Kenya launched its Blockchain strategy with much fanfare in 2019 and then went deadly quiet. What is the way forward? https://www.kictanet.or.ke/blockchain-strategy-did-kenya-drop-the-ball/ -- *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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De La Rue sheds 300 Nairobi jobs as it is disrupted by technology financial services
by Mwendwa Kivuva 23 Jan '23

23 Jan '23

Technology is disrupting dinosaurs. The government does not need banknotes. Technology is affecting De La Rue because, with mobile banking, the demand for security documents has dropped. Kenya has has become a magnet for technology firms and financial service companies seeking a hub for a larger share of the African market. https://www.businessdailyafrica.com/bd/corporate/companies/-de-la-rue-sheds… -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva

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PRIVACY NIGHT QUIZ
by muthiru wangechi 23 Jan '23

23 Jan '23

Dear Listers, Lawyers hub is organizing a privacy night quiz on the 26th January 2023 from 6:00pm to 8:00pm. Attached herein is the registration link and a poster with more details. https://www.eventbrite.com/e/lawyers-hub-privacy-quiz-night-tickets-5224592… Kind Regards, Tabitha.

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