Re: [kictanet] [India's Aadhaar - a massive UID scandal in the making] law to start listing of Kenyans? DNA

15 Feb 2019

      On the contrary Phyllis. The downsides that I listed were fact-based rebuttals to the most commonly purported upsides of UID systems, which are:
1. counter-terrorism;
2. reducing financial/banking fraud;
3. solving illegal immigration;
4. better access to government services;
5. improving public data integrity;
6. countering identity theft.
The key questions to ponder, if we truly want to learn from India's experiences, are: 
1. Without the above benefits, is the business case for a Ksh. 3-6 Billion price tag still sound and reasonable? If the idea is to promote innovation, can the 6 Billion do better if used as seed capital for 500 local startups - each getting a 10M seed funding + incubation services?

2. What unequivocal value does the Aadhaar system add for the Indian people, that cannot be obtained or surpassed via less intrusive / risky / costly ways? 

3. India is far more advanced than Kenya technologically, yet they are facing all these problems and failures with UID tech. Kindly share your concrete and specific thoughts on how Kenya can safeguard NIIMS better than India (if that is in any way possible)?
4. Indian Supreme Court has been examining the legal/constitutional issues and setting some groundbreaking precedents. Can/will these precedents influence constitutional challenges to NIIMS? If yes/maybe, it might be an interesting topic of discussion within the legal fraternity.

Would be great if you (or any lister with the info) can help by addressing the above questions in fairly precise / specific terms so as to build a more balanced and fact-based understanding of the risk/benefit scenario.  

I'm open to learning and ready to adjust my views accordingly.

Brgds,Patrick.

    On Friday, February 15, 2019, 2:55:29 PM GMT+3, <pkamau@pwkamauadvocates.co.ke> wrote:  

 Patrick,

You have mapped out only articles talking about the downsides of 
Aaadhar, let us balance it with the articles that talk about the 
positive use or how Aadhar has assisted India in financial inclusion, 
innovation etc and why the courts have continued to weight in and infact 
rule in favour of it on public interest grounds.

Only then can we develop a better system for our NIIMS. I believe there 
are benefits in consolidating our bio-metrics and having a uniform 
identifier if only we safeguard the system and learn from other 
jurisdiction.

On 2019-02-15 14:10, Patrick A. M. Maina wrote:
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1. Aadhaar is currently the subject of POTENTIALLY SCANDALOUS NEWS
COVERAGE ON DATA BREACH
Aadhaar: Has UIDAI lied in its counter filed before the Delhi High
Court? [1]
AADHAAR: HAS UIDAI LIED IN ITS COUNTER FILED BEFORE THE DELHI HIGH
COURT?
UIDAI might just have provided false information in its counter filed
before the Delhi High Court in Shamnad Bas...
2. AADHAAR HAS NOT REDUCED TERRORISM (not immune to insider
corruption). In fact terrorists now POSSESS AADHAAR CARDS.
Jaish-e-Mohammed terrorist from PoK caught, Aadhaar card recovered
from him [2]
JAISH-E-MOHAMMED TERRORIST FROM POK CAUGHT, AADHAAR CARD RECOVERED
FROM HIM
The official said the operation spanned two months, with security
forces keeping a track of Rehman's movement in...
US condemns Pulwama terror attack, asks Pakistan to deny support to
terrorists [3]
US CONDEMNS PULWAMA TERROR ATTACK, ASKS PAKISTAN TO DENY SUPPORT TO
TERR...
In a press release, the US Department of State said it condemns the
terrorist attack on the Indian CRPF convoy a...
3. BANKING FRAUD IN INDIA RISES BY 72% IN 2018  under Aadhar regime.
This includes Aadhar linked crime (BANKERS WORRIED)
https://www.businesstoday.in/sectors/banks/bank-frauds-rise-over-72pc-to-rs-...
https://www.business-standard.com/article/finance/alarming-rise-in-banking-f...
How fraud Aadhaar calls are targeting bank accounts - Times of India
[4]
HOW FRAUD AADHAAR CALLS ARE TARGETING BANK ACCOUNTS - TIMES OF INDIA
GURUGRAM: Nidhi Sharma, a resident of Sector 10A, recently received a
call from a person who claimed to be an ex...
4. Aadhaar's biometric SOURCE CODE BELONGS TO FOREIGN ENTITIES - this
is a major sovereignty risk (noted by a dissenting INDIAN SUPREME
COURT JUDGE).
"Neither the Central Government nor the Unique Identification
Authority of India(UIDAI) have the source code for the de-duplication
technology which is at the heart of the programme. THE SOURCE CODE
BELONGS TO A FOREIGN CORPORATION." THIS CREATES MASSIVE RISK OF
ELECTIONS INTERFERENCE BY FOREIGN ENTITIES.
_"Dignity and the rights of individuals cannot be made to depend on
algorithms or probabilities. Constitutional guarantees cannot be
subject to the vicissitudes of technology."_
_"The leakage of sensitive personal information of 1.2 billion
citizens, CANNOT BE REMEDIED BY A MERE CONTRACTUAL INDEMNITY. THE LOSS
OF DATA IS IRRETRIEVABLE."_
https://www.livelaw.in/foreign-company-has-source-code-of-aadhaar-project-it...
5. INDIAN SUPREME COURT okayed Aadhaar primarily for use by
MARGINALIZED GROUPS to access WELFARE - but PLACED SEVERE LIMITATIONS
ON OTHER USES: For example, Aadhaar is voluntary (save for welfare
beneficiaries), the data CANNOT BE (LEGALLY) USED FOR NATIONAL
SECURITY purposes, and  the biometric data CANNOT BE (LEGALLY) USED BY
THE PRIVATE SECTOR.
Perhaps our good lawyers can advise - from an expert perspective -
whether/how this judgment might influence Kenyan courts?
https://thewire.in/law/supreme-court-upholds-validity-of-aadhaar-but-cant-li...
6. An analysis of AADHAAR FRAUD incidences / types.
Aadhaar Fraud is Not Only Real, But is Worth More Closely Examining
[5]
AADHAAR FRAUD IS NOT ONLY REAL, BUT IS WORTH MORE CLOSELY EXAMINING
An online examination of publicly reported incidents shows that
contrary to its proponents’ claims, Aadhaar has ...
What lessons can Kenya draw from this, in order to implement NIIMS
better?
Good day,
Patrick.
  On Thursday, February 14, 2019, 1:00:16 PM GMT+3, pkamau--- via
kictanet <kictanet@lists.kictanet.or.ke> wrote:
My thoughts on the NIIMS is we have to give the new move greater
thought
. I think we need to look to the case in India and the benefits of the
Aadhaar system which is similar to the NIIMs and the general direction
India took to open data in building the Indian Stack. Several cases
were
brought to challenge the Aadhaar on privacy issues and risk of
government surveillance but courts in India have continued to hold
that
the public interest benefits  of the Aadhaar far much outweigh the
privacy concerns and have allowed the Aadhaar to continue. In
retrospect
since Aadhaar was launched in 2009, they have managed to register
majority of Indians and used it to build the Indian Stack.
Perhaps what we need is to recommend more structure and administrative
safeguards for the NIIMS. In the long-term the NIIMS may be of greater
benefit to us especially the potential that kid of data could play in
innovation. We need to protect privacy but at the same time we need to
thing strategically how better data can assist resolve issues and
layer
innovation for the general good.
I do agree the data protection bill must be past but beyond this, what
is our overall goal if we were to have better data in a government
platform that can be open, accessible like the Aadhaar and several
API's
can be built on that architecture to drive innovation?
Is it time to push more for Open Data in line with the Data Protection
Bill?
Thanks,
Phyllis
On 2019-02-14 08:19, Barrack Otieno via kictanet wrote:
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Dear Alice,
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Many thanks for this update from Mozilla. There is need for wider
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stakeholder engagement on this issue. While the government has a
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legitimate concern which i presume is taming acts of terrorism,
there
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is need for wider consultations especially on the areas that
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contravene or appear to contravene the constitution.
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Thank you
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Best Regards
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On Wed, 13 Feb 2019 18:17 Alice Munyua via kictanet
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<kictanet@lists.kictanet.or.ke wrote:
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https://blog.mozilla.org/netpolicy/2019/02/08/kenya-government-mandates-dna-...
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KENYA GOVERNMENT MANDATES DNA-LINKED NATIONAL ID, WITHOUT DATA
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PROTECTION LAW
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Alice Munyua February 8, 2019
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No responses yet [1]
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Last month, the Kenya Parliament passed a seriously concerning
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amendment [2] to the country’s national ID law, making Kenya home
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to the most privacy-invasive national ID system in the world. The
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rebranded, National Integrated Identity Management System (NIIMS)
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now requires all Kenyans, immigrants, and refugees to turn over
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their DNA, GPS coordinates of their residential address, retina
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scans, iris pattern, voice waves, and earlobe geometry before being
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issued critical identification documents. NIIMS will consolidate
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information contained in other government agency databases and
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generate a unique identification number known as Huduma Namba.
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It is hard to see how this system comports with the right to
privacy
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articulated in Article 31 of the Kenyan Constitution. It is deeply
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troubling that these amendments passed without public debate, and
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were approved even as a data protection bill which would designate
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DNA and biometrics as sensitive data is pending.
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Before these amendments, in order to issue the National ID Card
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(ID), the government only required name, date and place of birth,
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place of residence, and postal address. The ID card is a critical
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document that impacts everyday life, [3] without it, an individual
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cannot vote, purchase property, access higher education, obtain
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employment, access credit, or public health, among other
fundamental
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rights.
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Mozilla strongly believes that that no digital ID system should be
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implemented without strong privacy and data protection legislation.
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The proposed Data Protection Bill of 2018 which Parliament is
likely
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to consider next month, is a strong and thorough framework that
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contains provisions relating to data minimization as well as
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collection and purpose limitation. If NIIMS  is implemented, it
will
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be in conflict with these provisions, and more importantly in
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conflict with Article 31 of the Constitution, which specifically
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protects the right to privacy.
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Proponents [4] of NIIMS claim that the system provides a number of
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benefits, such as accurate delivery of government services. These
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arguments also seem to conflate legal and digital identity. Legal
ID
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used to certify one’s identity through basic data about one’s
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personhood (such as your name and the date and place of your birth)
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is a commendable goal. It is one of the United Nations Sustainable
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Development Goals 16.9 [5] that aims _“to provide legal identity
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for all, including birth registration by 2030”_.  However, it is
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important to remember this objective can be met in several ways.
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“Digital ID” systems, and especially those that involve
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sensitive biometrics or DNA, are not a necessary means of verifying
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identity, and in practice raise significant privacy and security
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concerns. The choice of whether to opt for a digital ID let alone a
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biometric ID therefore should be closely scrutinized by governments
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in light of these risks, rather than uncritically accepted as
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beneficial.
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* SECURITY CONCERNS: THE CENTRALIZED NATURE OF NIIMS CREATES
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MASSIVE SECURITY VULNERABILITIES. IT COULD BECOME A HONEYPOT FOR
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MALICIOUS ACTORS AND IDENTITY THIEVES WHO CAN EXPLOIT OTHER
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IDENTIFYING INFORMATION LINKED TO STOLEN BIOMETRIC DATA. THE
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AMENDMENT IS UNCLEAR ON HOW THE GOVERNMENT WILL ESTABLISH AND
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INSTITUTE STRONG SECURITY MEASURES REQUIRED FOR THE PROTECTION OF
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SUCH A SENSITIVE DATABASE. IF THERE’S A BREACH, IT’S NOT AS IF
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YOUR DNA OR RETINA CAN BE RESET LIKE A PASSWORD OR TOKEN.
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* SURVEILLANCE CONCERNS:  BY CENTRALIZING A TREMENDOUS AMOUNT OF
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SENSITIVE DATA IN A GOVERNMENT DATABASE, NIIMS CREATES AN
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OPPORTUNITY FOR MASS SURVEILLANCE BY THE STATE. NOT ONLY IS THE
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COLLECTION OF BIOMETRICS INCREDIBLY INVASIVE, BUT GATHERING THIS
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DATA COMBINED WITH TRANSACTION LOGS OF WHERE ID IS USED COULD
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SUBSTANTIALLY REDUCE ANONYMITY. THIS IS ALL THE MORE WORRYING
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CONSIDERING KENYA’S HISTORY OF EXTRALEGAL  SURVEILLANCE AND
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INTELLIGENCE SHARING [6].
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* ETHNIC DISCRIMINATION  CONCERNS: THE COLLECTION OF DNA IS
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PARTICULARLY CONCERNING AS THIS INFORMATION CAN BE USED TO IDENTIFY
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AN INDIVIDUAL’S ETHNIC IDENTITY. GIVEN KENYA’S HISTORY OF
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POLITICIZATION OF ETHNIC IDENTITY [7], COLLECTING THIS DATA IN A
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CENTRALIZED DATABASE LIKE NIIMS COULD REPRODUCE AND EXACERBATE
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PATTERNS OF DISCRIMINATION.
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THE PROCESS WAS NOT CONSTITUTIONAL
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Kenya’s constitution requires public input before any new law can
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be adopted. No public discussions were conducted for this
amendment.
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It was offered for parliamentary debate under “_Miscellaneous_”
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amendments, which exempted it from procedures and scrutiny that
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would have required introduction as a substantive bill and
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corresponding public debate. The Kenyan government must not
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implement this system without sufficient public debate and
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meaningful engagement to determine how such a system should be
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implemented if at all.
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The proposed law does not provide people with the opportunity to
opt
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in or out of giving their sensitive and precise data. The
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Constitution requires that all Kenyans be granted identification.
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However, if an individual were to refuse to turn over their DNA or
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other sensitive information to the State, as they should have the
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right to do, they could risk not being issued their identity or
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citizenship documents. Such a denial would contravene Articles 12,
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13, and 14 of the Constitution.
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Opting out of this system should not be used to discriminate or
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exclude any individual from accessing essential public services and
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exercising their fundamental rights.
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Individuals must be in full control of their digital identities
with
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the right to object to processing and use and withdraw consent.
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These aspects of control and choice are essential to empowering
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individuals in the deployment of their digital identities.
Therefore
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policy and technical decisions must take into account systems that
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allow individuals to identify themselves rather than the system
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identifying them.
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Mozilla urges the government of Kenya to suspend the implementation
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of NIIMS and we hope Kenyan members of parliament will act swiftly
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to pass the Data Protection Bill of 2018.
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On 23/01/2019 00:28, Gideon via kictanet wrote:
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Listers,
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Would this be a similar system like the India's Aadhaar which is
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said to be the world's largest biometric ID system? If so what
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lessons and drawbacks could be learned?
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Many issues would need to be addressed as a foundamental step, such
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include privacy, ethics, security of the said system,
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complementarity with the existing official databases e.t.c
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Regards
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GR
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On Tue, Jan 22, 2019 at 10:01 PM
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<kictanet-request@lists.kictanet.or.ke> wrote:
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Today's Topics:
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1. Re:  law to start listing of Kenyans? DNA (Warigia Bowman)
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Message: 1
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Date: Tue, 22 Jan 2019 12:58:59 -0600
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From: Warigia Bowman <warigia@gmail.com>
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To: gertrude matata <gertrudematata@yahoo.com>,  KICTAnet ICT
Policy
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Discussions <kictanet@lists.kictanet.or.ke>
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Subject: Re: [kictanet]  law to start listing of Kenyans? DNA
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Message-ID:
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<CACeY99TvKOX13-RtN1gjCi_sh4AF8jdnEkJTNHD6WMrFR9Pogg@mail.gmail.com>
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Content-Type: text/plain; charset="utf-8"
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This is disturbing. I am quite sure that the US government does not
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have
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the right to take DNA samples from citizens.
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Biometric data is not the same as DNA, rather it may include
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fingerprints
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and eyescans. This is a move towards a surveillance state.
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On Tue, Jan 22, 2019 at 6:24 AM gertrude matata via kictanet <
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kictanet@lists.kictanet.or.ke> wrote:
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Dear Listers,
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The amendment to the Act seems to have ignored Article 31(c) of
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the
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Constitution. This being a constitutional issue, there is probably
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a need
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to subject it to constitutional interpretation on;
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what was the intention of the article in providing that such
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information
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should not be unnecessarily required or revealed;
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Whether such details being availed to persons registry clerks is
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defeating that intent;
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and whether the  circumstances demand the "unnecessarily"
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revealed bar
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to be lifted.
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It is worthy to ponder the situation in terms of whether
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giving
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such information might not create inborn terror,
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Regards,
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Gertrude
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GERTRUDE MATATA
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HILLSIDE APARTMENTS
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4TH FLOOR, Apartments 11
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RAGATI ROAD,Opposite N.H.I.F
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NEAR CAPITOL HILL POLICE STATION
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P.O. Box 517-00517
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Nairobi
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Mobile:0722-374109/0772327265
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Go to;
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https://themediatorkenya.wordpress.com/author/themediatorkenya/
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*DISCLAIMER*
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This email and any attachments to it may be confidential and are
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views or
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opinions expressed are solely those of the author and do not
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necessarily
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represent those of GERTRUDE MATATA.
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If you are not the intended recipient of this email, you must
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On Tuesday, January 22, 2019, 2:14:05 PM GMT+3, Karanja Marigu via
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kictanet <kictanet@lists.kictanet.or.ke> wrote:
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This is a classical move that also was taken by USA after 911.
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What do we
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expect next? Marshal law??
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Terrorism is not a justification to take away our privacy rights
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and
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collect data. What they will do with all that data, only God
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knows.
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Best Regards,
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Karanja Marigu,
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'Purpose fuels passion'
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On Tue, 22 Jan 2019 at 09:10, Magdalene Kariuki via kictanet <
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kictanet@lists.kictanet.or.ke> wrote:
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Dear fellow listers,
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Happy New Year (albeit late).
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Thank you Grace for sharing this information.
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Just a few concerns about privacy of persons and the protection
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and use of
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information.
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While I appreciate and understand the need for Government to
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address
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issues relating to threats to security (assuming that this is
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where the
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need for such kind of information stems from), what kind of
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guarantees are
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there that ensure this information is not traded? What kind of
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data
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protection mechanisms are in place?
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or have these concerns already been raised and addressed in the
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new
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legislation?
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Regards,
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Magdalene
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On Mon, Jan 21, 2019 at 12:16 PM Grace Bomu via kictanet <
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kictanet@lists.kictanet.or.ke> wrote:
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Full story here
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https://www.businessdailyafrica.com/economy/Uhuru-backs-law-change/3946234-4...
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Il giorno lun 21 gen 2019 alle ore 14:51 Grace Bomu
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<nmutungu@gmail.com>
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ha scritto:
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Listers,
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The government is now free to collect data on Kenyans? DNA and
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physical
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location of their homes including satellite details during
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registration of
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persons.
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This follows President Uhuru Kenyatta?s approval of amendments to
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the
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Registration of Persons Act that has included the two to the list
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of
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requirements needed at the national people?s registry.
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Adults applying for documents such as IDs will be required to
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provide
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additional information about their location, including land
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reference
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number, plot number or house number.
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The ministry is also seeking to introduce Global Positioning
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System (GPS)
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coordinates in the registration of persons, enabling the tracking
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of their
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location via satellite.
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More here
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--
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Grace Mutung'u
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Skype: gracebomu
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development.
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KICTANetiquette : Adhere to the same standards of acceptable
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behaviors
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online that you follow in real life: respect people's times and
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for people and institutions interested and involved in ICT policy
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and
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regulation. The network aims to act as a catalyst for reform in
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the ICT
...
...
...
sector in support of the national aim of ICT enabled growth and
...
...
development.
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...
...
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KICTANetiquette : Adhere to the same standards of acceptable
...
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behaviors
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online that you follow in real life: respect people's times and
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bandwidth,
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share knowledge, don't flame or abuse or personalize, respect
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Re: [kictanet] [India's Aadhaar - a massive UID scandal in the making] ​ law to start listing of Kenyans? DNA

Patrick A. M. Maina

Re: [kictanet] [India's Aadhaar - a massive UID scandal in the making] law to start listing of Kenyans? DNA