[kictanet] Privacy vs National Interest-Draft Data Protection Bill?

Wed Jul 28 08:16:46 EAT 2010

As per the foregoing, it seems the law (though unsure which one) in
Kenya, is developed on top-bottom approach, that the Draft Bill in
discussion here, was not shared with stakeholders.

Once it gets at the Cabinet, it's practically impossible to discuss it
with the concerned.
Maybe the new constitutional dispensation, if it sees light from on
Wednesday next week, will change the whole process.

There are two people onlist who I firmly believe can be of much help
here: Dr. Ndemo and Eng. Rege. Both have access to any policy
documents easily.
As Mwololo has pointed out, it would be prudent to share the bill out
so that we read from the same script.

On 28/07/2010, Mwololo Tim <timwololo at gmail.com> wrote:
> Hi Dr. Ndemo,
> The re-developed policy was never shared with stakeholders, at least as far
> as I can remember. Could you kindly share it. tm
>
> On Tue, Jul 27, 2010 at 11:23 AM, <bitange at jambo.co.ke> wrote:
>
>> Hon. Rege,
>> Indeed the AG cleared the Bill only to find out that the policy that
>> developed it was not sufficient.  We quickly developed the policy and sent
>> it to Cabinet.  It is waiting to go through the Cabinet Sub Committee
>> Chaired by the PM before getting to Full Cabinet.
>>
>> I know you can push it through from where it is at the moment.
>>
>>
>> Regards
>>
>>
>> Ndemo.
>>
>>
>>
>>
>>
>> > Dear Colleagues,
>> > I have been a way from civilization, campaigning for the "Yes" katiba
>> > for
>> > sometime now. In fact I am not supposed to be in  Nairobi City today but
>> > came back for the IGF.
>> > Engineer John Kariuki, please correct me if I am wrong in my
>> understanding
>> > that it would be prudent to have FOI Act before the Data Protection one?
>> > Two weeks ago I ran into the AG in Parliament.  I asked him if the FOI
>> has
>> > been cleared and ready for presentation on the floor of the House.  His
>> > answer was that the document is with the Ministry.  Dr Ndemo, please
>> > advise.
>> >
>> > Kind regards
>> > Hon. James Rege, MP, Karachuonyo
>> >
>> > Sent from my iPad
>> >
>> > On Jul 26, 2010, at 9:15 AM, Walubengo J <jwalu at yahoo.com> wrote:
>> >
>> > @ Ndemo,
>> >
>> > I hear you. We must also find a way to educate our Cabinet that the
>> phrase
>> >  "1 day in Politics is a long time" does apply more in ICTs than in
>> > politics...If they endorse an ICT bill discussed four years ago, the ICT
>> > terrain would have changed significantly to warrant a review of the
>> > earlier discussions...
>> >
>> > walu.
>> >
>> >
>> > --- On Sat, 7/24/10, bitange at jambo.co.ke <bitange at jambo.co.ke> wrote:
>> >
>> > From: bitange at jambo.co.ke <bitange at jambo.co.ke>
>> > Subject: Re: [kictanet] Privacy vs National Interest-Draft
>> > DataProtectionBill?
>> > To: "Walubengo J" <jwalu at yahoo.com>
>> > Cc: bitange at jambo.co.ke, "KICTAnet ICT Policy Discussions"
>> > <kictanet at lists.kictanet.or.ke>
>> > Date: Saturday, July 24, 2010, 4:03 PM
>> >
>> > Walibengo,
>> > I am equallly frustrated because it takes at least four years to go
>> > through Cabinet, AG's office and Parliament.  These are processes beyond
>> > my control.
>> >
>> > Iy you recall, we merged the two FOIs, the Prof. Nyongo one and our own
>> > draft.  We indeed agreed that I send to Cabinet.  I have promised
>> > practically anyone I meet that the bill will soon be out of Cabinet
>> > soon.
>> > I am confident that it will happen one day since FOI for example is an
>> > agenda 4 item.
>> >
>> > Regards
>> >
>> >
>> >
>> > Ndemo.
>> >
>> >
>> >
>> >
>> >> Bwana PS,
>> >>
>> >> true that these drafts were debated and i recall attending the forum at
>> >> KSPS. Problem is this was a while back (2006-7) but the problem has
>> >> always
>> >> been that you never get to know what part of non-government
>> >> stakeholders
>> >> contributions were taken on board (went to the cabinet) and which parts
>> >> were ignored.
>> >>
>> >> Eventually ofcourse one will get to know the details when the Bill gets
>> >> to
>> >> the floor of Parliament. And then the real challenge starts in that if
>> >> other stakeholders think that what is before parliament is not
>> >> "inclusive"
>> >> enough, they will try to influence MPs to change it accordingly.  At
>> >> that
>> >> level ONLY the big "influential" stakeholders (read: donors/private
>> >> sector) can get the attention of the MPs; let alone their "buy-in" to
>> >> make
>> >> changes (read: forget our famous wanjiku's input at this level)
>> >>
>> >> Finally, even if the big stakeholders do get their changes in, if at
>> >> all
>> >> the Executive feels that those changes significantly alter their
>> >> original
>> >> policy objectives, they can always play the red card (veto) and take
>> >> the
>> >> whole process back to square1.
>> >>
>> >> So in short, my submission is that it is always cheaper to build and
>> >> probably more importantly confirm consensus at the beginning of the
>> >> policy
>> >> process rather than towards the end.
>> >>
>> >> walu.
>> >>
>> >>
>> >>
>> >>
>> >> --- On Sat, 7/24/10, bitange at jambo.co.ke <bitange at jambo.co.ke> wrote:
>> >>
>> >> From: bitange at jambo.co.ke <bitange at jambo.co.ke>
>> >> Subject: Re: [kictanet] Privacy vs National Interest-Draft
>> >> DataProtectionBill?
>> >> To: jwalu at yahoo.com
>> >> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
>> >> Date: Saturday, July 24, 2010, 9:17 AM
>> >>
>> >> We debated the FOI and Data Protection at School of Monetary studies.
>> >> We
>> >> shall as public have another go at it when it is published and gone
>> >> through the first reading in Parliament.
>> >>
>> >> Ndemo.
>> >>
>> >>
>> >> Sent from my BlackBerry®
>> >>
>> >> -----Original Message-----
>> >> From: David Otwoma <otwomad at gmail.com>
>> >> Sender: kictanet-bounces+bitange=jambo.co.ke at lists.kictanet.or.ke
>> >> Date: Fri, 23 Jul 2010 08:52:40
>> >> To: <bitange at jambo.co.ke>
>> >> Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
>> >> Subject: Re: [kictanet] Privacy vs National Interest-Draft Data
>> >>     ProtectionBill?
>> >>
>> >> Dear Edith,
>> >>
>> >> Cabinet Memoranda are classified documents intended for tabling in
>> >> Cabinet Meetings. These documents are regulated by strict rules issued
>> >> by the Presidency ...when they are approved then the Bill goes to
>> >> Parliament and is again in the public domain for your input as per
>> >> Parliamentary procedures.
>> >>
>> >> Enjoy your Furahi day all.
>> >>
>> >> Kind regards
>> >>
>> >> David
>> >>
>> >> On 7/22/10, Edith Adera <eadera at idrc.or.ke> wrote:
>> >>> Dr Ndemo,
>> >>>
>> >>> Can it not be circulated to stakeholders for review? Wasn't a
>> >>> participatory
>> >>> process followed to draft it?
>> >>>
>> >>> Edith
>> >>>
>> >>> -----Original Message-----
>> >>> From: kictanet-bounces+eadera=idrc.or.ke at lists.kictanet.or.ke
>> >>> [mailto:kictanet-bounces+eadera <kictanet-bounces%2Beadera>=idrc.or.ke
>> @lists.kictanet.or.ke] On
>> >>> Behalf
>> >>> Of bitange at jambo.co.ke
>> >>> Sent: Thursday, July 22, 2010 11:03 AM
>> >>> To: Edith Adera
>> >>> Cc: KICTAnet ICT Policy Discussions
>> >>> Subject: Re: [kictanet] Privacy vs National Interest-Draft Data
>> >>> ProtectionBill?
>> >>>
>> >>> The draft bill is in Cabinet.
>> >>>
>> >>> Ndemo.
>> >>>
>> >>> Sent from my BlackBerry(r)
>> >>>
>> >>> -----Original Message-----
>> >>> From: Walubengo J <jwalu at yahoo.com>
>> >>> Sender: kictanet-bounces+bitange=jambo.co.ke at lists.kictanet.or.ke
>> >>> Date: Wed, 21 Jul 2010 22:57:59
>> >>> To: <bitange at jambo.co.ke>
>> >>> Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
>> >>> Subject: Re: [kictanet] Privacy vs National Interest-Draft Data
>> >>> Protection
>> >>>     Bill?
>> >>>
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