[kictanet] Day 2: What are the current modalities for accessing data?

[John Walubengo]

I wish to comment on Day 2 theme...

I think currently, access to data in government is dictated
by the Secret Act or something.  I have not reviewed that
Act (am not the only one ;-) but I do know from practice
that in Govt most data is considered top-secret.  You
recall for example how the draft ICT Policy was labelled
top-secret for 10years, until when Eng. Rege (former PS)
blew up this myth (thanx Rege!)...

But Govt is not the only custodian of public data. The
private sector does host alot of data on the public and how
they handle it seems to be left to their own discretion. 
Think about it, your mobile transactions, your credit card
transactions, your medical insurance data, your emails,
etc.  They are all under the 'mercy' of your service
provider.  They can trade it in, they can mishandle it or
they can be simply be negligent to the point that the data
falls into wrong hands...some hacker who can then use it to
blackmail you....

This, i believe is where this FOI Bill is coming from and I
am suprised that very few comments are comming through
about this important issue...

walu.



--- joseph kihanya <kihanyajn at yahoo.com> wrote:

> Dear all,
> 
> These are the revised thematic guides for the days
> courtesy of Walu( Thanks a lot guy!).
> 
> 
> Day 1 issues/ theme continues today( The background info 
> is included again for ease of reference) and
> contributions on day 2 are welcome.
> 
> Day 1: Why Freedom of Information  (FOI) Act?
> Day 2: What are the current modalities for accessing data
> held by Data Handlers (Govt or Private Sector)?
> Day 3: What Policies should inform the FOI?
> Day 4: What Data should be exempted from the Act (access)
> &
> Why?
> Day 5: How would users update their data
> Day 6: Way Forward.
> 
> 
>
************************************************************************************************************************************
> DAY ONE( 1)
> 
> Background Info
> What is FOI?
> Freedom of information is a fundamental right that the
> United Nations in a resolution in 1946 declared to be the
> touchstone of all freedoms.
> It is generally a right of any  individual to access
> information held by government.
> � Is it a right?
> � Why Access?
> � Why freedom?
> 
> There are many terms used in relation to this.
> 
> � Freedom of Information
> � Right to Know
> � Right of Access to information
> � Right to information 
> 
> They are referring to the same thing and the important
> point is that they can be interchanged but require that
> one be selected for use in a particular jurisdiction for
> consistency.
> 
> Which one should Kenya Use? The Moderator will use FOI in
> this first mail.
> 
> How would FOI help in a country like Kenya?
> 
> Arguments exist for and against FOI  laws.
> 
> Arguments for.
> 
> I. It makes government more  accountable.
> II. Increases public participation.
> III. Promotes human rights.
> IV. Allows for good decision making
> V. Protects privacy
> VI. Makes private companies more accountable.
> VII. Promotes health
> VIII. Strengthens the economy
> IX. Protects the environment
> What are the arguments against FOI?
> 
> What are  your views on the principles of FOI Laws? What
> do they mean essentially? Does the policy agree with
> these principles?
> 
> � PRINCIPLE 1. Maximum disclosure 
> � PRINCIPLE 2. Obligation to publish
> � PRINCIPLE 3. Promotion of open government 
> � PRINCIPLE 4. Limited scope of exceptions 
> � PRINCIPLE 5. Processes to facilitate access
> � PRINCIPLE 6. Costs
> �  PRINCIPLE 7. Open meetings 
> � PRINCIPLE 8. Disclosure takes precedence 
> � PRINCIPLE 9. Protection for whistleblowers 
> 
> What are / should be the Objectives FOI Legislation? 
> 
> Vision
> Does this capture the intent of the right/ freedom
> optimally?
> Mission
> Does this optimally capture the implementation/purpose of
> the right/ freedom?
> 
> Introduction
> (Entrenching Openness?)
> Do the introductions in the following paragraphs reflect
> this? How should they read?
> Paragraphs
> 1.1- 3.2.3
> 
> My comments;
> 
> This is policy and resultant Bill/ Act may be the most
> important thing to happen to our democracy since
> independence! I feel honoured to be part of this debate.
> 
>
**************************************************************************************************************
> 
> DAY TWO(2)
> 
> What are your thoughts on the  current modalities /
> Existing Framework for managing information held by
> public/ private organizations.
> 
> Is is known?
> Does it serve a purpose?
> What purpose should it primarily serve?
> Should the dat be protected? Accessible? By whom? for
> what reason?
> How long should data be held?
> 
> Lets go.
> 
> Kihanya
> 
> 
>  
>
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