[kictanet] Digital privacy discussions: Day one,

[Grace Mutung'u (Bomu)]

Liz,
This is a timely discussion coming at a time when the fight against
terrorism is a global issue requiring concerted efforts from all.
I will attempt to answer the first question. While citizens expect the
government to guarantee their other rights (including privacy), they are
also guaranteed other rights. It is therefore a question of balancing
security and other rights.
There have been many discussions on how to achieve this balance. Most agree
that there are circumstances when there can be lawful interception of
communication or access to communication data because privacy is not an
absolute right. However, interception and access must be within a
framework.

IHRB
<http://www.ihrb.org/pdf/reports/2016-1-15_Lawful_Interception_Government_Access_User_Data.pdf>
vouches
for a human rights approach to lawful interception and access by government
and suggests the following guidelines:

1. Prerequisites to Communications Surveillance (surveillance as a last
measure, surveillance laws, targeted surveillance, human rights safeguards)
2. Authorisation Processes (judicial/independent (sometimes executive)
authority before surveillance)
3. Oversight (by an independent body)
4. Notification of Individuals under surveillance
5. Remedy (linked to notification as one needs to know they have been under
surveillance)
6. Transparency (educating public on surveillance and remedies, publishing
reports on surveillance)
7. Provision for Framework Review (to review the laws and regulations on
surveillance to monitor human rights compliance, efficacy etc)

I look forward to Kenya's privacy law so that we can interrogate how far it
achieves this balance.

Regards,

On 6 April 2016 at 09:34, Liz Orembo via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

>
> Dear listers,
>
> Today we begin our online discussions on digital privacy.
>
> By electing a government, we give it a responsibility to protect our
> security and in the course of that, they make policies by which our data is
> collected and used.
>
>
> Nanjira had shared a CIGI-IPSOS research (here
> <http://ipsos-na.com/news-polls/pressrelease.aspx?id=7159>) on digital
> security and trust done early this year which found out that:
>
>    - 75% of Kenyans law enforcement agencies should have a right to
>    access the content of their citizens’ online communications for valid
>    national security reasons
>    - 66% agreed that tech companies should not build technologies that
>    prevent the law enforcement agencies from accessing the content of their
>    communication.
>
>
>
>    1.
>
>    Are ‘National security’ and ‘terrorism’ being used as a means to
>    justify government breaches of security?
>    2. Is data collection proportionate and justified? And how secure are
>    our government's’ information systems from other parties
>    3. How can the tech industry work with the government on security
>    while ensuring people's right to privacy are not infringed?
>    4. What are your concerns on government collection of data and
>    surveillance?
>
>
>
> Karibuni.
> --
>
> Best regards.
> Liz.
>
> PGP ID: 0x1F3488BF
>
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-- 
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu

<http://www.diplointernetgovernance.org/profile/GraceMutungu>

PGP ID : 0x33A3450F
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