[kictanet] Day 3: Personal Data Protection

Wed Nov 27 12:01:24 EAT 2013

Just to add to your point 3 Ali, I wonder if the National
Communications Secretariat was disbanded - maybe I missed it.

On Wed, Nov 27, 2013, at 11:00 AM, Ali Hussein wrote:

Walu

Thanks for bringing this issue of selective amnesia or ignoring certain
discussions. For example I have specifically asked about three issues
that should be close to our hearts because it affects us directly. I'm
left with  no choice but to continue raising them until I get a
satisfactory answer. Please note that these answers may not necessarily
be what I'm looking for but at least they will have been addressed.
Three issues that I feel now require the direct intervention of the CS
himself.

1. I'm happy to repost my question about whether or not the Government
will accede and sign the new ITRs which we declined to sign in Dubai
2012. Incase the CS may have missed it due to his busy schedule.

2. The issue of universal access. Now is even a more urgent time to
address this issue as the recent global rankings give us dismal points.

3. Lastly, maybe its time that the ICT Ministry debunk policy
formulation from the CCK back to the parent ministry.
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 10:22 AM, Walubengo J <[1]jwalu at yahoo.com> wrote:

+1,
Listers, what more endorsement do you need.
Unleash your comments on the AU Cybersecurity Convention that is due to
be signed by the President early next year. Lets not make noise after
the fact when you have been requested to speak up but kept quiet.
On the other hand, government should be ready to explain at a domestic
level when and why they feel it necessary to ignore certain Listers
input. We want to avoid the Dubai ITU/WCIT standoff :-)
walu.
------------------------------
On Wed, Nov 27, 2013 5:34 AM AST (Arabian) Fred Matiangi 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
  <[2]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

  [3]kictanet at lists.kictanet.or.ke

  [4]https://lists.kictanet.or.ke/mailman/listinfo/kictanet

  Unsubscribe or change your options at

  [5]https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiang
  i%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
[6]kictanet at lists.kictanet.or.ke
[7]https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at
[8]https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhuss
ein.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

[9]kictanet at lists.kictanet.or.ke

[10]https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at
[11]https://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%4
0mailcan.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.

References

1. mailto:jwalu at yahoo.com
2. mailto:ggithaiga at hotmail.com
3. mailto:kictanet at lists.kictanet.or.ke
4. https://lists.kictanet.or.ke/mailman/listinfo/kictanet
5. https://lists.kictanet.or.ke/mailman/options/kictanet/fredmatiangi%40gmail.com
6. mailto:kictanet at lists.kictanet.or.ke
7. https://lists.kictanet.or.ke/mailman/listinfo/kictanet
8. https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
9. mailto:kictanet at lists.kictanet.or.ke
  10. https://lists.kictanet.or.ke/mailman/listinfo/kictanet
  11. https://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20131127/247610f1/attachment.htm>