Nice piece, I am just wondering if I can have this conversation with Adongo in Isebania. Reading through the piece I am curious to know where most of the data controlers are located. My suspicion is Nairobi. Might it reflect the general state of ecommerce in the country? On Mon, 5 Dec 2022, 1:12 am Mwendwa Kivuva via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
By Immaculate Kassait, Commissioner, Office of the Data Protection Commission, via LinkedIn https://www.linkedin.com/feed/update/activity:6998187244096303104 During the drafting process of the Data Protection Regulations, data localization was one area we received many queries about. Initially, we had very stringed regulations that required data to be stored locally. But upon receiving feedback from the stakeholders, we adjusted the requirements from processing information in Kenya to having just a copy stored in the country. The key questions we received on data localization were: 1. How do you insist on data localization in an era of Cloud Computing with the services not available in Kenya? 2. Does Kenya have the pre-requisite infrastructure i.e. tier three and above data centers, can we guarantee electricity flows, back-up, security, and safety of people’s data? The rationale behind data localization from a national security standpoint is purely about the data sovereignty of a nation. Imagine going to your bank to urgently get your statement for visa application, then you’re told you cannot access it because the undersea cable is down and hence it will take about 2 weeks to be fixed! Such challenges in accessing information as and when needed makes it difficult for business continuity and could result in revenue loss and reputational damage. As a sovereign state, there’s critical information unique and important to our country such that if the information is not available, the country will be grounded. In order to balance between the concerns raised on accessing this information and the sensitivity of the information, we resolved to have at least a copy of the information stored locally. This helps protect personal information created in Kenya, national security, law enforcement, and competitiveness of domestic market hence creating job opportunities for citizens. It is important to note that data localization does not apply to all information. It only applies to categories of information on civil registration and legal identity management systems for national security (your identity as a Kenyan), facilitating the conduct of elections, representation of Kenya, public finance by state organs, running systems designated as protected computer systems in terms of section 20 of the computer misuse and cybercrime act, information about children, healthcare among others. Some of the myths around data localization include all information being processed even for private businesses should be stored in the country; organizations are not supposed to use cloud services and lastly, data localization is expensive compared to cloud services. I trust that we have addressed these misconceptions most of you might have about data localization. What misconceptions did you have before reading this post? -- Best Regards, ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva _______________________________________________ KICTANet mailing list KICTANet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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