[kictanet] Digital privacy discussions: Day one,

Wed Apr 6 19:01:25 EAT 2016

@ Grace "Mambo ya kindani" lol. our high context culture also allows us to
use a lot of euphemism in our speech.

Barrack, you raise very important points, Indeed all stakeholders should
work together but what collaborative approaches should the govts have with
the tech companies? especially the global ones ?

On Wed, Apr 6, 2016 at 5:40 PM, Grace Mutung'u (Bomu) via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Barrack,
> Interesting angle. Is it that the word "privacy" does not exist in most of
> our cultures or is it the idea of privacy that does not exist? I have
> always heard my people speak of "mambo ya kindani"....could this point to
> our ideas on privacy?
>
> On 6 April 2016 at 17:10, Barrack Otieno <otieno.barrack at gmail.com> wrote:
>
>> Hi Liz and Grace,
>>
>> Indeed the discussion comes at an interesting time. Furthermore it is
>> my wish that we  could have the discussion in a local language due to
>> the fact that majority of us think in mother tongue and speak in
>> English based on the outcome of the Survey.
>>
>> To understand the issues it would be good to have a universal
>> understanding and or definition of privacy which in my humble opinion
>> does not exist. I wish to posit that the word privacy might be alien
>> in most local dialects in the global South based on Social Cultural
>> norms and is part of the goodies that arrived on the Ship. For example
>> whereas our fore fathers were scantily dressed this was not considered
>> indecent exposure since there were cultural systems in place that
>> established the necessary checks and balances.
>> It is this systems that were key in weeding out errant members of the
>> Society (terrorists etc) and assisted Communities to win wars which
>> were largely a contest for resources as it is today.
>> Looked at from another perspective a society that respects systems and
>> procedures and keeps standards  is likely to value privacy. Privacy
>> and trust are a product of norms or standards by which people decide
>> to live. In proper English i would refer to the same as value systems.
>> With this
>>
>> 1) Government is a public good and a product  based on the value
>> systems of the people within the jurisdictions it controls as such i
>> would not be quick to say that National Security  is a means used to
>> justify breaches in National Security. In democratic nations the
>> thinking of the leaders reflects the thinking of the electorate.
>>
>> 2) If a Survey would have done in the US on the Apple versus CIA/FBI
>> issue to break into the terror suspects Cellphone, i wonder what the
>> majority of citizens would have said just to validate point 1 above. I
>> welcome opinions from other listers
>>
>> 3) The tech Industry needs to work closely with government, academia
>> and civil society through the multi stakeholder model. Concepts like
>> Privacy require educating / sensitizing the public on the value or
>> good of embracing the same. As it is a key member of the technical
>> community is now holding a key position in government and by extension
>> helping the masses understand the value of technology in National
>> building.
>>
>> This is my humble opinion for now.
>>
>> On 4/6/16, Grace Mutung'u (Bomu) via kictanet
>> <kictanet at lists.kictanet.or.ke> wrote:
>> > 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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>> >>
>> >> 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.
>> >>
>> >
>> >
>> >
>> > --
>> > Grace L.N. Mutung'u
>> > Nairobi Kenya
>> > Skype: gracebomu
>> > Twitter: @Bomu
>> >
>> > <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>> >
>> > PGP ID : 0x33A3450F
>> >
>>
>>
>> --
>> Barrack O. Otieno
>> +254721325277
>> +254733206359
>> Skype: barrack.otieno
>>
>
>
>
> --
> Grace L.N. Mutung'u
> Nairobi Kenya
> Skype: gracebomu
> Twitter: @Bomu
>
> <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>
> PGP ID : 0x33A3450F
>
>
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>
> 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.
>

-- 

Best regards.
Liz.

PGP ID: 0x1F3488BF
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