I think the clincher may be in the first part  of Section 51, " Nothing in this Part shall exempt any data controller or data processor from complying with data protection principles relating to lawful processing, minimization of collection, data quality, and adopting security safeguards to protect personal data."

I stand ready to be guided but I believe that the point of the DPIA is to ultimately introduce security safeguards on the use of the said data. The concept defies exemption in my view. Or maybe the question should be how do you develop adequate safeguards without conducting a Data Protection Impact Assessment? In the Huduma Number case , the court was emphatic that the Government has to conduct a DPIA for such large-scale data collection. So does KRA.

On Wed, May 11, 2022 at 1:33 PM Mutindi Muema via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
>
> Let me just laugh 🤣🤣🤣 so may angles to this. So much to unpack in so many ways.
>
> For now only one comment-
> I think this will be under the exemptions under the Act you know wonderful s51- public interest, national security, disclosure required under any written law (including tax laws) etc....
> Exemption from provisions of the Act  would include exemption from DPIA requirement.
>
> On Wed, 11 May 2022, 11:11 Kukubo Masibo via KICTANet, <kictanet@lists.kictanet.or.ke> wrote:
>>
>> As usual, the government with its high-handed handling of citizens and their data.
>>
>> There is a high chance that no Data Protection Impact Assessment was done, despite how invasive, self-serving, and short-sighted this data extraction is.
>>
>> This will be challenged in Court and it will fail. The Office of the Data Protection Commissioner needs to step up and play an advisory role to government commissions and agencies. This ignorance and disregard for the law is embarrassing and concerning.
>>
>> Kind regards
>>
>> On Wed, May 11, 2022 at 10:02 AM Victor Kapiyo via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
>>>
>>> The Kenya Revenue Authority (KRA) is setting up an advanced forensic laboratory that will allow it to mine data, including hidden accounts and records, from taxpayers’ computers and mobile phones to detect tax and financial fraud.
>>>
>>> The move by the taxman’s newly formed intelligence management division comes amid a strong shift to online transactions and electronic record-keeping by businesses as opposed to the traditional paper-based accounting systems.
>>>
>>> https://nation.africa/kenya/business/kra-in-plan-to-snoop-on-your-whatsapp-chats-3811392
>>>
>>> Happy to have your thoughts on this development.
>>>
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>>
>>
>> --
>> Meshack K Masibo,
>> Writer|Noisemaker|Lawyer
>> Affiliated to KICTANet.
>> masibolaw.co.ke
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