Barrack, Interesting angle. Is it that the word "privacy" does not exist in most of our cultures or is it the idea of privacy that does not exist? I have always heard my people speak of "mambo ya kindani"....could this point to our ideas on privacy? On 6 April 2016 at 17:10, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Hi Liz and Grace,
Indeed the discussion comes at an interesting time. Furthermore it is my wish that we could have the discussion in a local language due to the fact that majority of us think in mother tongue and speak in English based on the outcome of the Survey.
To understand the issues it would be good to have a universal understanding and or definition of privacy which in my humble opinion does not exist. I wish to posit that the word privacy might be alien in most local dialects in the global South based on Social Cultural norms and is part of the goodies that arrived on the Ship. For example whereas our fore fathers were scantily dressed this was not considered indecent exposure since there were cultural systems in place that established the necessary checks and balances. It is this systems that were key in weeding out errant members of the Society (terrorists etc) and assisted Communities to win wars which were largely a contest for resources as it is today. Looked at from another perspective a society that respects systems and procedures and keeps standards is likely to value privacy. Privacy and trust are a product of norms or standards by which people decide to live. In proper English i would refer to the same as value systems. With this
1) Government is a public good and a product based on the value systems of the people within the jurisdictions it controls as such i would not be quick to say that National Security is a means used to justify breaches in National Security. In democratic nations the thinking of the leaders reflects the thinking of the electorate.
2) If a Survey would have done in the US on the Apple versus CIA/FBI issue to break into the terror suspects Cellphone, i wonder what the majority of citizens would have said just to validate point 1 above. I welcome opinions from other listers
3) The tech Industry needs to work closely with government, academia and civil society through the multi stakeholder model. Concepts like Privacy require educating / sensitizing the public on the value or good of embracing the same. As it is a key member of the technical community is now holding a key position in government and by extension helping the masses understand the value of technology in National building.
This is my humble opinion for now.
Liz, This is a timely discussion coming at a time when the fight against terrorism is a global issue requiring concerted efforts from all. I will attempt to answer the first question. While citizens expect the government to guarantee their other rights (including privacy), they are also guaranteed other rights. It is therefore a question of balancing security and other rights. There have been many discussions on how to achieve this balance. Most agree that there are circumstances when there can be lawful interception of communication or access to communication data because privacy is not an absolute right. However, interception and access must be within a framework.
IHRB < http://www.ihrb.org/pdf/reports/2016-1-15_Lawful_Interception_Government_Acc...
vouches for a human rights approach to lawful interception and access by government and suggests the following guidelines:
1. Prerequisites to Communications Surveillance (surveillance as a last measure, surveillance laws, targeted surveillance, human rights safeguards) 2. Authorisation Processes (judicial/independent (sometimes executive) authority before surveillance) 3. Oversight (by an independent body) 4. Notification of Individuals under surveillance 5. Remedy (linked to notification as one needs to know they have been under surveillance) 6. Transparency (educating public on surveillance and remedies,
On 4/6/16, Grace Mutung'u (Bomu) via kictanet <kictanet@lists.kictanet.or.ke> wrote: publishing
reports on surveillance) 7. Provision for Framework Review (to review the laws and regulations on surveillance to monitor human rights compliance, efficacy etc)
I look forward to Kenya's privacy law so that we can interrogate how far it achieves this balance.
Regards,
On 6 April 2016 at 09:34, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear listers,
Today we begin our online discussions on digital privacy.
By electing a government, we give it a responsibility to protect our security and in the course of that, they make policies by which our data is collected and used.
Nanjira had shared a CIGI-IPSOS research (here <http://ipsos-na.com/news-polls/pressrelease.aspx?id=7159>) on digital security and trust done early this year which found out that:
- 75% of Kenyans law enforcement agencies should have a right to access the content of their citizens’ online communications for valid national security reasons - 66% agreed that tech companies should not build technologies that prevent the law enforcement agencies from accessing the content of their communication.
1.
Are ‘National security’ and ‘terrorism’ being used as a means to justify government breaches of security? 2. Is data collection proportionate and justified? And how secure are our government's’ information systems from other parties 3. How can the tech industry work with the government on security while ensuring people's right to privacy are not infringed? 4. What are your concerns on government collection of data and surveillance?
Karibuni. --
Best regards. Liz.
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