Indeed the charge sheet may be faulty and such technicalities usually lead to someone walking. Several ways that pie can be sliced. For instance, in the Data Protection Bill, the unlawful disclosure of personal data in ways that it was not intended in section 58 makes the person who recorded it liable, on conviction, to a fine not exceeding five million or to a term of imprisonment for a period not exceeding five years or both. Of course, those in the security sphere can immediately tell that the person who recorded and leaked the footage has flouted control room etiquette e.g. having a recording device within the control room, carrying data out of the control room, disclosing the procedures or the setup within the control room, and many others. The organization running that control room has a lot of education to impart to its controllers. These are some of the facets of the Private Security Regulation Act is attempting to streamline. However, much of the focus went to the arming of the sentries and minimum wage. With Regards. Kenneth Simiyu. On Thu, Jun 18, 2020 at 10:48 AM David Indeje via kictanet < [email protected]> wrote:
Awatila,
That is what it was meant to be, unfortunately, it is still alive and kicking.
*Kind Regards,*
*David Indeje * +254 (0) 711 385 945 | +254 (0) 734 024 856
Website: Khusoko <https://khusoko.com/>
<https://www.linkedin.com/in/david-indeje/> <https://twitter.com/David_Indeje>
On Thu, 18 Jun 2020 at 10:42, <[email protected]> wrote:
my understanding is that cok 2010 invalidated the official secrets act
--- Sent from my mobile device
On 18 Jun 2020 10:22, David Indeje via kictanet < [email protected]> wrote:
Walu,
I get you. I have also learned that if the State uses the Official Secrets Act 11 of 1968 especially section 3, the accused will be in hot soup more than what the Data protection of Computer Misuse Act stipulates.
For instance:
Section 3 part 12:
*Presumption concerning communication with agent of foreign power*
(1) On a prosecution for an offence under section 3 of this Act, the fact that the accused person has been in communication with, or has attempted to communicate with, an agent of a foreign power, whether within or outside Kenya, shall be evidence that he has, for a purpose prejudicial to the safety or interests of the Republic, obtained or attempted to obtain information which is calculated to be or might be or is intended to be directly or indirectly useful to a foreign power.
(2) For the purposes of subsection (1) of this section, but without prejudice to the generality of that subsection, a person shall, unless he proves the contrary, be deemed to have been in communication with an agent of a foreign power if— (a) he has, either within or outside Kenya, visited the address of an agent of a foreign power or consorted or associated with such an agent; or (b) either within or outside Kenya, the name or address of, or any other information regarding, such an agent has been found in his possession, or has been supplied by him to any other person, or has been obtained by him from any other person.
(3) Any address, whether within or outside Kenya, reasonably suspected of being an address used for the receipt of communications intended for an agent of a foreign power, or any address at which such an agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of an agent of a foreign power, and communications addressed to that address to be communications with the agent.
*Kind Regards,*
*David Indeje * +254 (0) 711 385 945 | +254 (0) 734 024 856
Website: Khusoko <https://khusoko.com/>
<https://www.linkedin.com/in/david-indeje/> <https://twitter.com/David_Indeje>
On Wed, 17 Jun 2020 at 20:46, Walubengo J via kictanet < [email protected]> wrote:
True, the charge sheet is a bit faulty. Claiming it was un-authorized access, the employer can contradict and claim otherwise i.e the employees had valid access to the footage.
I think the charge sheet could have been framed better under the new Data Protection Act of 2019.
The company & its employees violated the purpose limitation principle which states that data collected and processed for a particular legitimate purpose (e.g security surveillance) cannot be re-purposed and used for another agenda (e.g gossip, lighting up the internet, or reporting my movement to spouse ;-)
A charge sheet based on data protection principle may have a higher chance of success and maybe better penalties.
walu.
On Wednesday, June 17, 2020, 03:07:34 PM GMT+3, Rawgee l.k via kictanet < [email protected]> wrote:
Hello David,
This can be found in the Cyber Crime Act. Unless the charge sheet is amended otherwise. ( ''An authorized interception of a computer data contrary to section 17(1) of computer misuse and cybercrime act'' ) On the contrary, someone said the ''employer'' can move down to the employment contract on the do's and dont's.
On Wed, Jun 17, 2020 at 12:17 PM David Indeje via kictanet < [email protected]> wrote:
Dear Listers,
https://www.k24tv.co.ke/news/it-officers-face-charges-for-leaking-footage-of... IT officers face charges for leaking footage of Uhuru, Raila touring CBD at night _______________________________________________ kictanet mailing list [email protected] https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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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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.
-- ./ken