Good question Grace. I propose– Data protection should not die with the person. This does not mean that the data subjects rights should be transferred to executors or administrators. 1. Some rights should be attached to the person. e.g. access and consent . This right should die with the person. 2. Retention of data should be subject to the Limitation of Actions Act to allow executors and administrators to bring any law suits for which that data could be used as evidence. I am uncomfortable with dealing with data as inheritable property generally. Using the example of land- once land is transferred to heirs, they own it- they could do anything with it. Including lease it out to your sworn enemies. Imagine what they could do with your entire digital footprint. Right to privacy goes hand in hand with the right to dignity. The question should be- how do we preserve the legacy of this person as they left it?
On 19 Sep 2018, at 06:21, Thomas Kaberi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thanks Grace for bringing this up.
I think we can borrow from the financial laws as to how to handle the rights of accessories and handling of data as personal property.
However we have to consider the following:
That data is not a drainable asset.
That currency is a key value aspect of data and thus immediate access may be of interest to some parties. E.g. health practitioners,
Given the interconnectedness value of data, preservation and exposure of the same may have impact in other parties I. E. Close relations.
On Sep 12, 2018 11:58 PM, "Grace Bomu via kictanet" <kictanet@lists.kictanet.or.ke <mailto: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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