[kictanet] Kenya IGF Online Discussions Day 6 Freedom of Information and Data Protection Bills

[Walubengo J]

@Barrack,

On point 1:-on multistakeholder involvement, CIC has set the most open procedure @
http://www.cickenya.org/bill_tracker - perhaps what remains is a mechanism where CIC can report back to the community on their revisions before the Bill goes to the AG and subsequently to Parliament. Regarding implementation - and here is where we will need the NGO-types to do the lobbying - otherwise nothing will move Parliament to prioritize this Bill. Unless Hon. Rege who is on this list takes it up as his project to conclude his current parliament season in style by ensuring the bill is enacted :-)

On Point 2: International Implications for lack of a Data Protection bill? There are many, including ofcourse the obvious one that the BPO sector that largely deals with foreign data will continue to suffer its evident miscarriage.  No EU/US business are willing to trust a BPO operator with their data, knowing very well that it is exposed (legally, operationally and judiciously) in the absence of a comprehensive framework  that provides some assurance that their data is safe.  But perhaps more riskier is the fact that foreign hackers would find Kenya a safe haven for practising, executing and hiding their operations within our territory. And meanwhile, local operators (Telcos, Banks, Hospitals, Govt Agents, etc) will continue handling your personal data they way they deem fit.

my two bits.

walu.



--- On Thu, 6/21/12, Barrack Otieno <otieno.barrack at gmail.com> wrote:

From: Barrack Otieno <otieno.barrack at gmail.com>
Subject: [kictanet] Kenya IGF Online Discussions Day 6 Freedom of Information and Data Protection Bills
To: jwalu at yahoo.com
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Thursday, June 21, 2012, 10:41 AM

Listers,

Paul Kukubo posted this a couple of weeks ago on the list

"AS I write this I am sitting in a forum organized by the ISACA Kenya Chapter to discuss these two draft  bills.  At this meeting we have a representative from CIC. The draft bills are on the CIC website. 


Lister's should be made aware of this process which is important as part of
 the constitutional implementation. When the act is passed it will 
improve our profile as a destination for data processing.  As we speak 
there is a proposal in the EU law that would make it illegal for data to
 flow to countries that don't have data protection in place. This has 
several implications.

Also, in a networked world, analysst indicate that the end game will be that there will be global centers of excellence in data processing. Indeed multinationals are consolidating data centres globally. 


Submissions have been made by national council for law reporting, CIC, Kenya bankers association.
Regards Paul Kukubo"

Questions

What needs to be done for the Freedom of Information and data protection bills to be implemented and how can stakeholders be involved in the process?
Paul talks about the proposal in the EU law to make it illegal for data to flow to countries that don't have data protection in place what implications will this move have for our country and how can this be mitigated?
The floor is open


-- 
Barrack O. Otieno+254721325277+254-20-2498789
Skype: barrack.otienohttp://www.otienobarrack.me.ke/



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