[kictanet] Day 3: Personal Data Protection

Wed Nov 27 10:27:23 EAT 2013

Dear Dr. Matiang'i
I am so glad that you are following this discussion and even more pleased that you are considering collating views from Listers to firm up the Kenya Position. We look forward to the brainstorming session. I think it is important that CCK as a regulator and policy formulator, as well as KICTA take an active role and amplify our voice at the AU. 

Listers, kindly note that there will be a 2 hours session to discuss the Convention tomorrow (Thursday) at the ongoing KICTA/COMESA Conference starting from 11 to 13 hrs tomorrow. See details here: http://www.africanictweek.org/

Additionally, the AUC will be celebrating its annual ICT week from December 2-6, 2013. There will be a special session to discuss the AUCC on 6th. Please see the details here: http://www.ict.go.ke/pasha/?page_id=666
Thanks Bwana CS. 
RgdsGrace
Date: Wed, 27 Nov 2013 02:34:09 +0000
Subject: Re: [kictanet] Day 3: Personal Data Protection
From: fredmatiangi at gmail.com
To: ggithaiga at hotmail.com
CC: kictanet at lists.kictanet.or.ke

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.

RgdsGG

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