[kictanet] Privacy vs National Interest

Fri Jul 16 11:30:02 EAT 2010

The proposed Constitution has protection of Privacy - Art 31. There is no data 
protection provision besides a mention in the privacy article that includes a 
right not to have info relating to family or private affairs unnecessarily 
required or revealed. 

The document also provides for consumer protection - legislation should be in 
place 4 yrs after proposed Const is enacted.

regards,
Wamuyu

P/S However, my view is that the value of a new Constitution could 
presently overide our privacy interests. Researched scenarios were presented 
yesterday, at the Agenda 4 Commission conference, that present agrim picture if 
the Constitutional process fails. There will be absolutely no privacy to demand 
for in a conflict environment. So this is a critical national interest. My beef 
is with the poor message that was sent out...There will indeed be minimum and 
maximum land limits but the motive is positive and the process of doing so will 
be participatory (as it was in the 6 yr process to develop the Land Policy).

________________________________
From: Sam Gatere <sam.gatere at gmail.com>
To: wamuyulearn at yahoo.co.uk
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
Sent: Fri, 16 July, 2010 10:38:53
Subject: Re: [kictanet] Privacy vs National Interest

Interesting View Barrack,

When we think promotion we automatically think its the carrier promoting  their 
product, but as Edith puts it National Interest verses Privacy! This looks like 
a push marketing to possibly an unwilling buyer! so this comes through as an 
intrusion of privacy for those who are in  favour or not in favour of the said 
promotional message.

Could someone shed some light on what the Kenya Communication Act says about 
data protection and privacy? Does the New constitution have anything on Privacy 
and data protection? 

And yes as Barrack puts it is a catch 22...

On Fri, Jul 16, 2010 at 10:13 AM, Barrack Otieno <otieno.barrack at gmail.com> 
wrote:

Well, i see no problem with promotional sms,s its what makes the Information 
economy tick, i am looking at this as an entrepreneur and as a consumer, its a 
catch 22 just the way an employee complains about his or her employer yet the 
former might as well decide to have his or her own organisation, this simply 
justify the need for the data protection act to ensure that the promotions are 
done within the law, i see no problem with what Safaricom did, they are out to 
make money and it is the biggest tax payer, at least a road will be fixed 
somewhere out of the money they make.
>
>Kind Regards
>
>
>On Fri, Jul 16, 2010 at 8:39 AM, Solomon Mburu Kamau <solo.mburu at gmail.com> 
>wrote:
>
>On 16/07/2010, Badru Ntege <ntegeb at one2net.co.ug> wrote:
>>> Do subscribers in Kenya have an option to stop these sms's ?
>>>
>>>
>>>
>>> In Uganda you send STOP to the sending number and your number would be
>>> deleted from the senders database.  The only problem is you are charged for
>>> the sms you send to have your number deleted.
>>>
>>>
>>>
>>> It seems to be working.
>>>
>>>
>>
>>Why should a person be charged to unsubscribe from a service they
>>didn't request or subscribe to?
>>
>>If one subscribed, that's understood very well.
>>
>>Regards,
>>
>>>
>>> regards
>>>
>>> From: kictanet-bounces+ntegeb=one2net.co.ug at lists.kictanet.or.ke
>>> [mailto:kictanet-bounces+ntegeb=one2net.co.ug at lists.kictanet.or.ke] On
>>> Behalf Of Victor Gathara
>>> Sent: Friday, July 16, 2010 8:33 AM
>>> To: ntegeb at one2net.co.ug
>>> Cc: KICTAnet ICT Policy Discussions
>>> Subject: Re: [kictanet] Privacy vs National Interest
>>>
>>>
>>>
>>> Following this with interest. I think it would be improper for networks to
>>> sell/avail subscriber numbers to others for promotional purposes because
>>> subscribers don't have a choice to opt in to this when they sign up for the
>>> service (I certainly didn't). Promotions from the network itself are of
>>> course a different matter altogether.
>>>
>>>
>>>
>>> Regarding spam where the sender gets phone numbers through unscrupulous
>>> means the only solution may be to press the DELETE key. Sim card
>>> registration should make it possible to pursue and prosecute offenders
>>> (assuming there is a law against spamming in Kenya).
>>>
>>>
>>>
>>> Victor
>>>
>>>
>>>
>>>   _____
>>>
>>> From: kictanet-bounces+v-gathara=dfid.gov.uk at lists.kictanet.or.ke
>>> [mailto:kictanet-bounces+v-gathara=dfid.gov.uk at lists.kictanet.or.ke] On
>>> Behalf Of dennis kipruto
>>> Sent: 16 July 2010 08:12
>>> To: Victor Gathara
>>> Cc: KICTAnet ICT Policy Discussions
>>> Subject: Re: [kictanet] Privacy vs National Interest
>>>
>>> I also got one. It seems Safaricom has a case to Answer.More so i didn't
>>> sign up for any YES Campaign media gimic. I would call the SMS a spam SMS.
>>>
>>> On Thu, Jul 15, 2010 at 8:24 PM, Edith Adera <eadera at idrc.or.ke> wrote:
>>>
>>> Today I received a promotional sms from the "YES" campaign. Can Safaricom
>>> explain how our phone numbers were leaked?
>>>
>>>
>>>
>>> Edith
>>>
>>>
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>>
>>
>>
>>--
>>Solomon Mbũrũ Kamau
>>
>>*****************************************************
>>Man is a gregarious animal and enjoys agreement as cows will graze all
>>the same way to the side of a hill!
>>
>>AND
>>
>>It is better to die in dignity than in the ignomity of ambiguous generosity!
>>
>>http://smiley2.wordpress.com
>>http://mburu.sikika.co.ke
>>
>>
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>>This message was sent to: otieno.barrack at gmail.com
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>
>
>-- 
>Barrack O. Otieno
>+41767892272
>Skype: barrack.otieno
>
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