[kictanet] Day 3: Personal Data Protection

Wed Nov 27 10:22:39 EAT 2013

+1,

Listers, what more endorsement do you need. 

Unleash your comments on the AU Cybersecurity Convention that is due to be signed by the President early next year. Lets not make noise after the fact when you have been requested to speak up but kept quiet.

On the other hand, government should be ready to explain at a domestic level when and why they feel it necessary to ignore certain Listers input. We want to avoid the Dubai ITU/WCIT standoff :-)

walu.

------------------------------
On Wed, Nov 27, 2013 5:34 AM AST (Arabian) Fred Matiangi wrote:

>Good morning Listers,
>
>I have been following the on-going discussion of the  proposed AU
>convention with keen interest and excitement, especially because this is
>precisely how we will end up enriching and strengthening it. I pumped into
>John Walubengo last evening and proposed that  perhaps in a week or two we
>should have a brief brainstorm bringing together all interested parties so
>we can concretise our 'Kenya Position' on this convention. Further to this
>conversation, I asked my colleagues Victor and Eunice at the ICTA and
>Francis Wangusi at CCK to explore possibilities of collating all the ideas
>emanating from this forum and setting up a sit down to tie up our
>discussions a head of the Heads of State Summit in January.
>
>Grace- I very sincerely appreciate the initiative to drive this discussion
>and look forward to further engagement.
>
>Good day.
>
>Fred
>
>
>On Tue, Nov 26, 2013 at 9:23 PM, Grace Githaiga <ggithaiga at hotmail.com>wrote:
>
>> *Good morning Listers*
>>
>>
>> *Today, we move onto PART II: PERSONAL DATA PROTECTION and will tackle
>> four questions.*
>>
>>
>> *Objectives of this Convention with respect to personal data*
>>
>>
>>
>> *Article II – 2:*
>>
>> *Each Member State of the African Union shall put in place a legal
>> framework with a view to establishing a mechanism to combat breaches of
>> private life likely to arise from the gathering, processing, transmission,
>> storage and use of personal data.*
>>
>> *The mechanism so established shall ensure that any data processing, in
>> whatsoever form, respects the freedoms and fundamental rights of physical
>> persons while recognizing the prerogatives of the State, the rights of
>> local communities and the target for which the businesses were established.*
>>
>>
>> *Question:* *What is the relevance of this article? What are these state
>> prerogatives? And given the increased interest of state surveillance, how
>> can states balance respect of FOE while recognising state prerogatives? *
>>
>>
>> *Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a Protection
>> Authority* which is meant to establish standards for data protection.
>> Article II – 14 *provides for each Member State of the African Union to
>> establish an authority with responsibility to protect personal data.  It* *shall
>> be an independent administrative authority with the task of ensuring that
>> the processing of personal data is conducted in accordance with domestic
>> legislations.*
>>
>> Further,  article II-17 states that ‘*Sworn agents may be invited to
>> participate in audit missions in accordance with extant provisions in
>> Member States of the African Union’.*
>>
>>
>> *Question:* *Considering that this article seems to be tied to the
>> Protection Authority, what is its relevance? And who is a ‘sworn
>> agent?’ What should this authority look like in terms of its composition? *
>>
>>
>> *Article II – 20:*
>>
>> *…Members of the protection authority shall not receive instructions from
>> any authority in the exercise of their functions. *
>>
>> *Article II – 21:*
>>
>>  *Member States are engaged to provide the national protection authority
>> human, technical and financial resources necessary to accomplish their
>> mission.*
>>
>>
>> *Question:* *It appears that this Data Protection Authority is envisaged
>> to be fully government supported. Therefore, should we be talking of its
>> independence? In what way should this article be framed so that it ensures
>> independence of the Authority?*
>>
>>
>> *Article II – 28 to II-34 *outlines six principles governing the
>> processing of personal data namely:
>>
>> Consent and of legitimacy,
>>
>> Honesty,
>>
>> Objective, relevance and conservation of processed personal data,
>>
>>  Accuracy,
>>
>> Transparency and
>>
>>  Confidentiality and security of personal data.
>>
>> Under each of the specific principles, detailed explanation of how each
>> should be undertaken is offered.
>>
>>
>> *Question:* *Is this explanation and detailing of how to undertake each
>> necessary in an international (regional) law necessary or needed? Is this
>> legislation overkill?*
>>
>>
>> *Lets get your views on data protection concerns.*
>>
>>
>> Rgds
>>
>> GG
>>
>>
>>
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