[kictanet] Day 3: Personal Data Protection

[Fred Matiangi]

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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