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:
Dear Alice,
Many thanks for this update from Mozilla. There is need for wider stakeholder engagement on this issue. While the government has a legitimate concern which i presume is taming acts of terrorism, there is need for wider consultations especially on the areas that contravene or appear to contravene the constitution.
Thank you
Best Regards
On Wed, 13 Feb 2019 18:17 Alice Munyua via kictanet <kictanet@lists.kictanet.or.ke wrote:
https://blog.mozilla.org/netpolicy/2019/02/08/kenya-government-mandates-dna-...
KENYA GOVERNMENT MANDATES DNA-LINKED NATIONAL ID, WITHOUT DATA PROTECTION LAW
Alice Munyua February 8, 2019
No responses yet [1]
Last month, the Kenya Parliament passed a seriously concerning amendment [2] to the country’s national ID law, making Kenya home to the most privacy-invasive national ID system in the world. The rebranded, National Integrated Identity Management System (NIIMS) now requires all Kenyans, immigrants, and refugees to turn over their DNA, GPS coordinates of their residential address, retina scans, iris pattern, voice waves, and earlobe geometry before being issued critical identification documents. NIIMS will consolidate information contained in other government agency databases and generate a unique identification number known as Huduma Namba.
It is hard to see how this system comports with the right to privacy articulated in Article 31 of the Kenyan Constitution. It is deeply troubling that these amendments passed without public debate, and were approved even as a data protection bill which would designate DNA and biometrics as sensitive data is pending.
Before these amendments, in order to issue the National ID Card (ID), the government only required name, date and place of birth, place of residence, and postal address. The ID card is a critical document that impacts everyday life, [3] without it, an individual cannot vote, purchase property, access higher education, obtain employment, access credit, or public health, among other fundamental rights.
Mozilla strongly believes that that no digital ID system should be implemented without strong privacy and data protection legislation. The proposed Data Protection Bill of 2018 which Parliament is likely to consider next month, is a strong and thorough framework that contains provisions relating to data minimization as well as collection and purpose limitation. If NIIMS is implemented, it will be in conflict with these provisions, and more importantly in conflict with Article 31 of the Constitution, which specifically protects the right to privacy.
Proponents [4] of NIIMS claim that the system provides a number of benefits, such as accurate delivery of government services. These arguments also seem to conflate legal and digital identity. Legal ID used to certify one’s identity through basic data about one’s personhood (such as your name and the date and place of your birth) is a commendable goal. It is one of the United Nations Sustainable Development Goals 16.9 [5] that aims _“to provide legal identity for all, including birth registration by 2030”_. However, it is important to remember this objective can be met in several ways. “Digital ID” systems, and especially those that involve sensitive biometrics or DNA, are not a necessary means of verifying identity, and in practice raise significant privacy and security concerns. The choice of whether to opt for a digital ID let alone a biometric ID therefore should be closely scrutinized by governments in light of these risks, rather than uncritically accepted as beneficial.
* SECURITY CONCERNS: THE CENTRALIZED NATURE OF NIIMS CREATES MASSIVE SECURITY VULNERABILITIES. IT COULD BECOME A HONEYPOT FOR MALICIOUS ACTORS AND IDENTITY THIEVES WHO CAN EXPLOIT OTHER IDENTIFYING INFORMATION LINKED TO STOLEN BIOMETRIC DATA. THE AMENDMENT IS UNCLEAR ON HOW THE GOVERNMENT WILL ESTABLISH AND INSTITUTE STRONG SECURITY MEASURES REQUIRED FOR THE PROTECTION OF SUCH A SENSITIVE DATABASE. IF THERE’S A BREACH, IT’S NOT AS IF YOUR DNA OR RETINA CAN BE RESET LIKE A PASSWORD OR TOKEN. * SURVEILLANCE CONCERNS: BY CENTRALIZING A TREMENDOUS AMOUNT OF SENSITIVE DATA IN A GOVERNMENT DATABASE, NIIMS CREATES AN OPPORTUNITY FOR MASS SURVEILLANCE BY THE STATE. NOT ONLY IS THE COLLECTION OF BIOMETRICS INCREDIBLY INVASIVE, BUT GATHERING THIS DATA COMBINED WITH TRANSACTION LOGS OF WHERE ID IS USED COULD SUBSTANTIALLY REDUCE ANONYMITY. THIS IS ALL THE MORE WORRYING CONSIDERING KENYA’S HISTORY OF EXTRALEGAL SURVEILLANCE AND INTELLIGENCE SHARING [6]. * ETHNIC DISCRIMINATION CONCERNS: THE COLLECTION OF DNA IS PARTICULARLY CONCERNING AS THIS INFORMATION CAN BE USED TO IDENTIFY AN INDIVIDUAL’S ETHNIC IDENTITY. GIVEN KENYA’S HISTORY OF POLITICIZATION OF ETHNIC IDENTITY [7], COLLECTING THIS DATA IN A CENTRALIZED DATABASE LIKE NIIMS COULD REPRODUCE AND EXACERBATE PATTERNS OF DISCRIMINATION.
THE PROCESS WAS NOT CONSTITUTIONAL
Kenya’s constitution requires public input before any new law can be adopted. No public discussions were conducted for this amendment. It was offered for parliamentary debate under “_Miscellaneous_” amendments, which exempted it from procedures and scrutiny that would have required introduction as a substantive bill and corresponding public debate. The Kenyan government must not implement this system without sufficient public debate and meaningful engagement to determine how such a system should be implemented if at all.
The proposed law does not provide people with the opportunity to opt in or out of giving their sensitive and precise data. The Constitution requires that all Kenyans be granted identification. However, if an individual were to refuse to turn over their DNA or other sensitive information to the State, as they should have the right to do, they could risk not being issued their identity or citizenship documents. Such a denial would contravene Articles 12, 13, and 14 of the Constitution.
Opting out of this system should not be used to discriminate or exclude any individual from accessing essential public services and exercising their fundamental rights.
Individuals must be in full control of their digital identities with the right to object to processing and use and withdraw consent. These aspects of control and choice are essential to empowering individuals in the deployment of their digital identities. Therefore policy and technical decisions must take into account systems that allow individuals to identify themselves rather than the system identifying them.
Mozilla urges the government of Kenya to suspend the implementation of NIIMS and we hope Kenyan members of parliament will act swiftly to pass the Data Protection Bill of 2018.
On 23/01/2019 00:28, Gideon via kictanet wrote:
Listers,
Would this be a similar system like the India's Aadhaar which is said to be the world's largest biometric ID system? If so what lessons and drawbacks could be learned?
Many issues would need to be addressed as a foundamental step, such include privacy, ethics, security of the said system, complementarity with the existing official databases e.t.c
Regards
GR
On Tue, Jan 22, 2019 at 10:01 PM <kictanet-request@lists.kictanet.or.ke> wrote: Send kictanet mailing list submissions to kictanet@lists.kictanet.or.ke
To subscribe or unsubscribe via the World Wide Web, visit https://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request@lists.kictanet.or.ke
You can reach the person managing the list at kictanet-owner@lists.kictanet.or.ke
When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..."
Today's Topics:
1. Re: law to start listing of Kenyans? DNA (Warigia Bowman)
----------------------------------------------------------------------
Message: 1 Date: Tue, 22 Jan 2019 12:58:59 -0600 From: Warigia Bowman <warigia@gmail.com> To: gertrude matata <gertrudematata@yahoo.com>, KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] law to start listing of Kenyans? DNA Message-ID:
<CACeY99TvKOX13-RtN1gjCi_sh4AF8jdnEkJTNHD6WMrFR9Pogg@mail.gmail.com> Content-Type: text/plain; charset="utf-8"
This is disturbing. I am quite sure that the US government does not have the right to take DNA samples from citizens.
Biometric data is not the same as DNA, rather it may include fingerprints and eyescans. This is a move towards a surveillance state.
On Tue, Jan 22, 2019 at 6:24 AM gertrude matata via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers, The amendment to the Act seems to have ignored Article 31(c) of the Constitution. This being a constitutional issue, there is probably a need to subject it to constitutional interpretation on; what was the intention of the article in providing that such information should not be unnecessarily required or revealed; Whether such details being availed to persons registry clerks is defeating that intent; and whether the circumstances demand the "unnecessarily" revealed bar to be lifted. It is worthy to ponder the situation in terms of whether giving such information might not create inborn terror,
Regards,
Gertrude
GERTRUDE MATATA HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0772327265
Go to; https://themediatorkenya.wordpress.com/author/themediatorkenya/
*DISCLAIMER* This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.
Call Send SMS Call from mobile Add to Skype You'll need Skype CreditFree via Skype
On Tuesday, January 22, 2019, 2:14:05 PM GMT+3, Karanja Marigu via kictanet <kictanet@lists.kictanet.or.ke> wrote:
This is a classical move that also was taken by USA after 911. What do we expect next? Marshal law??
Terrorism is not a justification to take away our privacy rights and collect data. What they will do with all that data, only God knows.
Best Regards,
Karanja Marigu,
'Purpose fuels passion'
On Tue, 22 Jan 2019 at 09:10, Magdalene Kariuki via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear fellow listers,
Happy New Year (albeit late).
Thank you Grace for sharing this information.
Just a few concerns about privacy of persons and the protection and use of information.
While I appreciate and understand the need for Government to address issues relating to threats to security (assuming that this is where the need for such kind of information stems from), what kind of guarantees are there that ensure this information is not traded? What kind of data protection mechanisms are in place? or have these concerns already been raised and addressed in the new legislation?
Regards,
Magdalene
On Mon, Jan 21, 2019 at 12:16 PM Grace Bomu via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Full story here
https://www.businessdailyafrica.com/economy/Uhuru-backs-law-change/3946234-4...
Il giorno lun 21 gen 2019 alle ore 14:51 Grace Bomu
ha scritto:
Listers,
The government is now free to collect data on Kenyans? DNA and
location of their homes including satellite details during registration of persons.
This follows President Uhuru Kenyatta?s approval of amendments to
Registration of Persons Act that has included the two to the list of requirements needed at the national people?s registry.
Adults applying for documents such as IDs will be required to
<nmutungu@gmail.com> physical the provide
additional information about their location, including land reference number, plot number or house number.
The ministry is also seeking to introduce Global Positioning System (GPS) coordinates in the registration of persons, enabling the tracking of their location via satellite.
More here
-- Grace Mutung'u Skype: gracebomu @Bomu PGP ID : 0x33A3450F
-- Grace Mutung'u Skype: gracebomu @Bomu PGP ID : 0x33A3450F
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/magdalene.kariuki%40gm...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in
sector in support of the national aim of ICT enabled growth and development.
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
platform the ICT privacy, do
not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/karanjaemarigu%40gmail...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in
sector in support of the national aim of ICT enabled growth and development.
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
platform the ICT privacy, do
not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/gertrudematata%40yahoo...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in
sector in support of the national aim of ICT enabled growth and development.
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
platform the ICT privacy, do
not spam, do not market your wares or qualifications. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at
https://lists.kictanet.or.ke/mailman/options/kictanet/warigia%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in
sector in support of the national aim of ICT enabled growth and development.
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
platform the ICT privacy, do
not spam, do not market your wares or qualifications.
--
*"Education is the most powerful weapon which you can use to change the world."* Nelson Mandela