There are many more alarming proposals, especially the eco levy. The Bill seeks to introduce eco levy on computers, mobile phones, batteries, diapers...There are great analysis documents available at the following links:https://bowmanslaw.com/wp-content/uploads/2024/05/Analysis-of-Finance-Bill-2024-13-May-2024_-002.pdfKind regards,Steve MuchaiOn Tue, May 21, 2024 at 3:31 AM Linda Wairure via KICTANet <kictanet@lists.kictanet.or.ke> wrote:Thank you so much for the Insights. Well noted._______________________________________________On Mon, 20 May 2024, 18:14 Alloys Siaya, <alloys.siaya@gmail.com> wrote:Dear listers,Personal Data protection in Kenya is governed by the Data Protection Act of 2019. The Act gives effect to Article 31(c) and (d) of the Constitution of Kenya that contains the right to privacy which is a fundamental human right.
The mandate of the Office of the Data Protection Commissioner, as the regulator of matters data privacy in Kenya, and which derives from the Data Protection Act 2019, includes the following;
- Regulation of the processing of personal data;
- Ensuring that the processing of personal data of a data subject is guided by the principles set out in section 25 of the Act;
- Protecting the privacy of individuals’ data;
- Establishing the legal and institutional mechanism to protect personal data; and
- Providing data subjects with rights and remedies to protect their personal data from processing that is not in accordance with the Act
In the ODPC role and functions, is included the following;
- Carrying out inspections (of public and private entities) with a view to evaluating the processing of personal data.
- Exercising oversight on data processing operations to verify whether the processing of data is done in accordance with the Act;
- Receiving and investigating any complaint by any person on infringements of the rights under the Act;
- Carrying out inspections (of public and private entities) with a view to evaluating the processing of personal data;
- Ensuring the country’s compliance on data protection obligations under international conventions and agreements; What the bill proposes risks infringement with international conventions
The exemption sought in the Bill would breach a fundamental human right, and introduce a gap of duplication, and risk, in the execution of the above mandate, and allow conflict with possibility of the exempted entity pursuing a contra and conflicting mandate in accessing and/or processing of personal/organizational data.
The proposal should be rejected/dropped.
Instead, the need/intention for the Bill proposal should be addressed using the existing data protection legal framework, which is sufficient within the context of the subject Bill requirement. Perhaps with empowering the ODPC where there is weakness in regulation/enforcement capacity.
Also, individuals should be encouraged to protect/take control of their personal data and to support organizations with their lawful processing of personal data.Regards,Alloys SiayaOn Mon, May 20, 2024 at 11:11 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:
- 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
_______________________________________________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 crucial 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%202024.pdf
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.
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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.
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WhatsApp Channel: https://whatsapp.com/channel/0029VaQsX4w6mYPIctLsGh1K
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.
--Kind Regards,Steve Muchai