Data has a personal aspect as well as commercial aspect, among others. It is property which upon the demise of the "owner" should pass to his/ her estate just as is the case with other assets. The "how" of administration of data after death ought to be covered in the data law in the making, the law to apply alongside the law of succession. On Wed, 12 Sep 2018, 23:58 Grace Bomu via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
Listers, As we continue to discuss the data protection bill, an issue that has come up and is not captured in the proposed laws is the issue of legacy. For example, a viral clipping in social media has a newspaper report stating that a woman who was recently murdered was HIV positive. Normally, HIV status is sensitive personal information that would not be disclosed. Which begs the question, what should happen to personal data on the death of a person? Should we treat data as property that is transferred during succession or should anyone with a legitimate interest be able to access it? Should data processors/controllers have to delete such data?
Is this something that should be addressed in the proposed law or should we wait for judicial interpretation?
-- Grace Mutung'u Skype: gracebomu @Bomu PGP ID : 0x33A3450F
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