[kictanet] Day 3: Personal Data Protection
Gideon
gideonrop at gmail.com
Wed Nov 27 11:40:51 EAT 2013
Dear Dr. Matiangi and Listers,
Please find the comments by DotConnectAfrica on the entire Draft African
Union Convention on the establishment of a Credible Legal Framework for
Cyber Security in Africa.
DotConnectAfrica took initiative, analyzed and published these comments to
the draft convention over a month ago in October 2013 and circulated it to
interested stakeholders.
We appreciate the multistakeholder efforts in preparing this convention and
look forward to work with everyone in this worthy course.
Link to our comments:
1.
http://dotafrica.blogspot.com/2013/10/dotconnectafrica-comments-to-draft.html
2.
http://www.dotconnectafrica.org/wp-content/uploads/2013/10/DotConnectAfrica-Comments-to-the-Draft-African-Union-Convention-on-the-Establishment-of-A-Credible-Legal-Framework-For-Cyber-Security-In-Africa-October-2013.pdf
*Article II – 2:*
With respect to personal data, state prerogatives must be well defined so
as not to breach the rights of a private life online or offline.
All activities that arise from the gathering, processing, transmission,
storage and use of personal data should be well defined and levels of
acceptable access and permissions by individual users properly laid out so
as not to create a door for perceived surveillance or activities that take
away the personal right of a user
*Article II-6, II-7, 11-8, II-11, II-12, II-13 refer to a Protection
Authority*
Comment 12: These articles define the membership and the constituting
mandates of the said ‘Protection authority’ however it should be left to
the countries to define the authorities under inbuilt country
contributions/laws or bylaws so as not to create a different center of
power or parallel agency.
Also the selection of the membership to the protection authority should
allow composition from all stakeholders and not only government. ‘Sworn
Agents’ should be well defined and described, their mode of selection,
duties, responsibilities should be open to public accountability and
transparency.
Regards
DotConnectAfrica Trust.
> Message: 1
> Date: Wed, 27 Nov 2013 02:34:09 +0000
> From: Fred Matiangi <fredmatiangi at gmail.com>
> To: Grace Githaiga <ggithaiga at hotmail.com>
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Day 3: Personal Data Protection
> Message-ID:
> <
> CAHqF9HaFpZiNfA8OqedHxn7BN1C0bdzSrXZCo+MbT9TEdR2NKA at mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> 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
> >
> >
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Unsubscribe or change your options at
> >
> https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiangi%40gmail.com
> >
> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> > for people and institutions interested and involved in ICT policy and
> > regulation. The network aims to act as a catalyst for reform in the ICT
> > sector in support of the national aim of ICT enabled growth and
> development.
> >
> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
> > online that you follow in real life: respect people's times and
> bandwidth,
> > share knowledge, don't flame or abuse or personalize, respect privacy, do
> > not spam, do not market your wares or qualifications.
> >
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> ------------------------------
>
> Message: 2
> Date: Wed, 27 Nov 2013 05:41:08 +0300
> From: Ali Hussein <ali at hussein.me.ke>
> To: Kivuva <Kivuva at transworldafrica.com>
> Cc: "isoc at orion.my.co.ke" <isoc at orion.my.co.ke>,
> "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] [ISOC_KE] Day 2: On-line debate on African
> Union Convention on Cyber Security (AUCC)
> Message-ID: <99C7B20A-95D4-437B-93EA-434790F2CF5F at hussein.me.ke>
> Content-Type: text/plain; charset="us-ascii"
>
> True that. But how many of us actually read the fine print? Of course
> you,would say that the onus is on us to read...:)
>
> Ali Hussein
>
> +254 0770 906375 / 0713 601113
>
> "I fear the day technology will surpass human interaction. The world will
> have a generation of idiots". ~ Albert Einstein
>
> Sent from my iPad
>
> > On Nov 26, 2013, at 11:01 PM, Kivuva <Kivuva at transworldafrica.com>
> wrote:
> >
> >
> >> 'Buyers who bought this item also bought these items' and a list of
> recommended items similar to what you bought appears under your shopping
> cart. How would we categories this? Some may say that this is smart coming
> from Amazon. Some may consider it spooky and border line privacy issues.
> The point I'm making is that I don't want some 'Smart Alec' government
> functionary deciding for me what I should see or not see online (or off
> line for that matter). That is a personal choice and of course we have
> plenty of tools to stop some of these 'intrusive' online practices.
> >
> > I feel you Ali, But Amazon can claim that their business intelligence is
> in their terms of service
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>
> ------------------------------
>
> Message: 3
> Date: Wed, 27 Nov 2013 05:57:29 +0300
> From: Ali Hussein <ali at hussein.me.ke>
> To: Fred Matiangi <fredmatiangi at gmail.com>
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Day 3: Personal Data Protection
> Message-ID: <64590323-2FAD-4BF8-9E1F-CC8F4C0ABC1E at hussein.me.ke>
> Content-Type: text/plain; charset="utf-8"
>
> Listers
>
> The link below gives a good overview of how the global online digital
> industry is at the forefront of policy and (self) regulation emanating from
> the many issues that arise online:- from personal data protection,
> tracking, disclosures etc. The local industry is in the process of setting
> up a local chapter of the IAB to ensure that we stay updated and ahead of
> the curve.
>
> http://www.iab.net/public_policy/self_regulation
>
> Ali Hussein
>
> +254 0770 906375 / 0713 601113
>
> "I fear the day technology will surpass human interaction. The world will
> have a generation of idiots". ~ Albert Einstein
>
> Sent from my iPad
>
> > On Nov 27, 2013, at 5:34 AM, Fred Matiangi <fredmatiangi at gmail.com>
> wrote:
> >
> > 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
> >>
> >>
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
> >> kictanet at lists.kictanet.or.ke
> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>
> >> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiangi%40gmail.com
> >>
> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
> >>
> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
> >
> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
> >
> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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