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

[Barrack Otieno]

Interesting proposal that i agree with @Thomas, i think this should be
the case in line with the fact that one is innocent until proven
guilty, i wonder what other listers think. In your opinion does this
bill take care of this concern.

Regards

On Wed, Jul 27, 2016 at 12:07 PM, Thomas Kaberi via kictanet
<kictanet at lists.kictanet.or.ke> wrote:
> 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
>>
>>
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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.



-- 
Barrack O. Otieno
+254721325277
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Skype: barrack.otieno
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