[kictanet] Computer and Cyber crimes bill 2016 Day 2 of 5 Part III Investigation Procedures

[Thomas Kaberi]

As an addition would it not be fair to oner of data and safer for the
Controller to give an opportunity to defend themselves before the data is
handed to authorities? Plus wouldn't be even more settling to have the
right to be informed about inquiries and status of inquiries of one's data.

Scenario: if a money transfer service is requested or made to hand over
your transaction records, wouldn't be fair to have you notified of the
demand and give you the chance to consent or protect via legal means?

On Jul 26, 2016 08:05, "Kelvin Kariuki via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> Dear Listers,
>
> Thank you for your contribution on yesterdays discussions on the offences,
> feel free to still comment on it under that mail stream posted by Barrack
> yesterday.
>
> Today we discuss the Investigation Procedures of this bill. It outlines
> the powers and procedures to be followed by the authorities in carrying out
> computer and cyber related offences investigations.
>
> This section touches on pertinent issues as outlined below:
>
> 20 — Scope of procedural provisions
> 21 — Search and seizure of stored computer data
> 22 — Power to search without a warrant in special circumstances
> 23 — Record of and access to seized data
> 24 — Production order
> 25 — Expedited preservation and partial disclosure of traffic data
> 26 — Real-time collection of traffic data
> 27 — Interception of content data
> 28 — Obstruction and misuse
> 29 — Appeal
> 30 — Confidentiality and limitation of liability
>
> You can access the bill here: http://www.mygov.go.ke/?p=11234 or download
> the attached document.
>
> *The Concerns*
>
> 1.        To what extent are the service providers supposed to disclose
> their client data to the authorities?
>
> 2.       Does any of the search or seizure powers given to authorities in
> this section violate any privacy rights enshrined in our constitution?
>
> 3.   Has this part extensively covered all the investigation procedures
> required for all the offences stated in part II?
>
> 4.   Does it match the international standards? If it does not, kindly
> point out areas that need to be incorporated into the bill.
>
> N/B: Feel free to raise any concern or question not suggested here.
>
>
> We are looking forward to your feedback on the above concerns and much
> more.
>
> Thank you.
>
> Barrack and Karis.
>
> --
> Best Regards,
>
> Kelvin Kariuki
> Twitter Handle: @teacherkaris
> Alt email: kkariuki at mmu.ac.ke
> Mobile: +2547 29 385 557
>
>
> _______________________________________________
> 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/thomaskaberi%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.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20160727/4c4b6fdf/attachment.htm>