Interesting insights Esther, The other law that provides for data protection would be the Consumer Protection Act (but are voters considered and seen as consumers in the Elections context?) Also, KICA regulations on Consumer Protection (Kenya Information and Communications (Consumer Protection) Regulations, 2010*)* The regulations seek to protect the interests and rights of consumers including the right to personal privacy and protection against unauthorized use of personal information and protection from unfair trade practices, including false and misleading advertising and anti-competitive behavior by licensees. However the regulations bind and expect compliance from CA licensees. That said, IEBC probably has policy, manual or regulations on data protection. If not, they probably should think of developing one. Kind Regards, June Tessy LinkedIn Profile <http://ke.linkedin.com/in/juneokal> On 7 February 2017 at 22:19, <kictanet-request@lists.kictanet.or.ke> wrote:
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Today's Topics:
1. Re: The Politics of Data Privacy and Elections in KE (esther kamande) 2. Re: Talk-2-Safaricom: Days 1 of 6 (Monday 6th Feb) - Consumer Issues (Odhiambo Washington) 3. Re: Talk-2-Safaricom, Day 2 of 6:-Competition Issues (Ali Hussein)
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Message: 1 Date: Tue, 7 Feb 2017 21:35:58 +0300 From: esther kamande <enkamande@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] The Politics of Data Privacy and Elections in KE Message-ID: <CACW7LPMkaORLkSbr3mVszKjkcTd3piA08w6gUUzX2ayQB7z_kA@mail. gmail.com> Content-Type: text/plain; charset="utf-8"
The *current Data Protection Bill 2013 section 17 (b)* waters down the provisions regarding misuse of information in section 16 by allowing use of personal data for commercial purposes without obtaining consent as long as it is allowed by *any other law*. This clause provides a loophole that can be exploited to evade the principles provided for in section 4. Furthermore, *t**here is no provision prohibiting supply and sale of i.e electoral registers, registration of persons records* for political and commercial purposes having regard to the nature of the data contained in the registers, including in particular that it is personal data compulsorily obtained for the specific purpose of enabling Kenyans transact and qualifying electors to vote.
The current Data Protection Bill 2013 offers no solid protection to the data subject and doesn?t reflect the current best practices globally. With the current Bill, data subjects remain at the mercy of the data processors and controllers (agencies) as the legal burden/responsibility the act imposes on the authorized users is not sufficient .
There is an urgent need to revise the current draft to address some of these issues that we are currently experiencing.
Further reference: https://wbilaw.wordpress.com/2016/07/30/data-protection- bill-kenya-analysis/
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
Regards,
Esther Kamande
Advocate | Policy Analyst
Twitter: @enkamande
On Sat, Feb 4, 2017 at 7:05 PM, Mose Karanja via kictanet < kictanet@lists.kictanet.or.ke> wrote:
A pattern is very evident since late last year on database breaches for political ends. ------ "It appears that all ID numbers from perceived Jubilee strongholds have been run through the IEBC voters register to find out their registration status. The chiefs have been issued with sheets of papers containing mobile numbers of all residents within their locations and sub locations who are not registered. ?
?We got this data from the registrar of persons and the brief to the chiefs was to ascertain whether these people are registered. I don?t see anything wrong with that. We are not coercing anybody to register,? Sosio said. He added: ?I don?t know whether the same is taking place in other counties but as you know, homes are run differently and this is how we have chosen to do it in Nyeri.? ------- Read more:
https://www.standardmedia.co.ke/mobile/article/2001228175/ revealed-inside-jubilee-s-vote-machine-to-beat-raila-odinga
--- Moses Karanja www.moseskaranja.com/blog
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