*Regarding the proposed privacy provision...* It would be vital to get KRA’s narrative regarding this issue, to understand their context and rationale for said exemption. Without it it’s difficult to elucidate what and how the amendment can be improved or removed altogether. Would be great to have a clearer appreciation of KRA’s problem situation and any existing workarounds, gaps in the workarounds that may inform the proposed provision - then we can assess the necessity and proportionality of the provision considering the data protection issues that arise. We need to understand the what, how, when, from whom such data access and processing would be done for the said purpose of facilitating assessment, enforcement or collection of any tax or duty. I mean, KRA has lots of our data already? So as to appreciate the implementation process, so we can critique better, in the context of both exemption and/or a balanced approach that supports tax duties with data privacy obligations. *Taking the case of integration of KRA’s Data Management and Reporting System leading to transfer of detailed transaction data, including the names and addresses of payment recipients. What if names and addresses are of individuals? **And the case of KRA access to MPESA customers information and transaction data.* I suppose highlighting the critical privacy risks and harms like the range of autonomy harms should spark concern to KRA. KRA has data protection staff, so far I know, they could help shed light on this maybe? *Notwithstanding the above:* 1. Clearly KRA does not want data processing accountability under the DPA ‘19 for the stated intentions. So they can process as they see fit and any measures proposed or otherwise to “protect privacy” under the exemptions can’t hold weight under DPA oversight! 2. The soul of the law is in experience - we all know government abuse and misuse of legal leeways. 3. The ODPC has the power to make exemptions for “certain provisions”, would be interesting to see their preliminary opinions. *Final thought: For now, no exemptions should be offered in my opinion. **It’s difficult to propose an alternative affirmative amendment considering limited contextual info. Besides, court orders, legal warrants exist as suitable tools.* On Mon, May 20, 2024 at 11:12 AM Linda Wairure via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
*Dear Listers,*
Greetings from *KICTANet!*
Today marks the beginning of our *three-day moderated *online discussion and *public participation *on* the Finance Bill, 2024*. As a key stakeholder in the ICT sector, your insights are invaluable as we navigate crucial proposals related to revenue-raising measures.
*PROPOSAL: The Data Protection Act*
The Bill seeks to amend *section 51 of the Data Protection Act* (Cap. 411C) to provide for the exemption of the processing of personal data that relates to the assessment, enforcement or collection of any tax or duty from the provisions of the Data Protection Act.
This proposed amendment will give *KRA* unfettered access to citizens’ personal data that extend beyond financial data.
*Question:*
1. *What implications might the proposed amendment to exempt the processing of personal data related to tax or duty assessment, enforcement, or collection from the Data Protection Act have on individuals' privacy rights and the overall effectiveness of data protection measures in the context of taxation?*
2. *What would you propose?*
We look forward to your active participation in shaping policies that support a thriving ICT ecosystem.
Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.
Sincerely,
Linda Gichohi.
*Kenya ICT Action Network*
*Top of Form*
On Fri, 17 May 2024 at 11:04, Chepkoech Towett via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
Greetings, Looking forward to the engagement.
Regards, Chepkoech Towett.
On Fri, 17 May 2024, 10:48 Linda Wairure via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
*Dear Listers,*
Greetings from KICTANet!
As a leading advocate for ICT policy and regulation, *KICTANet* is dedicated to fostering collaboration and promoting an enabling environment in the ICT sector. With our strategic objectives focused on effective multi-stakeholder participation, we are committed to engaging with stakeholders like you to ensure robust, rights-based policies.
We are reaching out to invite you to participate in the *three-day moderated online mailing list discussion *regarding the* Finance Bill, 2024 (National Assembly Bills No. 30 of 2024). This bill contains c*rucial proposals related to revenue-raising measures, including the digital service tax, liability and collection of taxes. Your insights and contributions are vital as we navigate these proposals and their potential impact on the ICT sector.
The discussion will take place on the KICTANet mailing list from *Monday, May 20th to Wednesday, May 22nd* . Each day of the discussion will focus on specific aspects of the Finance Bill, 2024, allowing us to delve into its provisions and implications.
We encourage you to review the Finance Bill, 2024 link attached and the template format of submission of the memorandum. We shall include a matrix presentation outlining our concerns and proposals regarding relevant provisions of the Finance Bill, 2024. Your feedback and perspectives are invaluable as we work towards promoting policies that support a thriving ICT ecosystem.
http://www.parliament.go.ke/sites/default/files/2024-05/Finance%20Bill%2C%20...
Should you have any questions or require further information, please do not hesitate to reach out to lgichohi@kictanet.or.ke . We are eager to hear your thoughts and insights on this crucial matter.
Thank you for your continued support and participation. We look forward to engaging with you in this discussion.
Sincerely,
Linda Gichohi.
*Kenya ICT Action Network.*
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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.
PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
_______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke Unsubscribe or change your options at: https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
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KICTANet is a multi-stakeholder Think Tank for people and institutions interested and involved in ICT policy and regulation. KICTANet is a catalyst for reform in the Information and Communication Technology sector. Its work is guided by four pillars of Policy Advocacy, Capacity Building, Research, and Stakeholder Engagement.
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.
PRIVACY POLICY: See https://mm3-lists.kictanet.or.ke/mm/lists/kictanet.lists.kictanet.or.ke/
KICTANet - The Power of Communities, is Kenya's premier ICT policy engagement platform.
-- --- *Cephas O.M *