[kictanet] KRA's radical plan to catch tax cheats/Data Privacy

Wangari Kabiru wangarikabiru at yahoo.co.uk
Wed May 11 16:01:34 EAT 2016 

Happy Ladies Day!

Certainly huge volumes run through the channels. The profits speak to it.
 
A few days back, Google was fighting a government decree to it, tooth and nail to keep unacceptable content on its channels.

I am waiting to see if our valued service providers have the guts to fight tooth and nail for their esteemed customers!

Aside from that, when the Uber fire was hot, I mentioned that this would be the new human 'car' track. In a few years your movement will be tracked and your taxes computed from this.
How might you afford all the travel, tracked already would be the question.

Be blessed.

Regards/WangariOn May 11, 2016 15:10, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke> wrote:
>
> @Kagwe,
>
> Indeed Safcom (and other mobile operators)  have the data.
>
> Infact they have more data about you and me than we can imagine. With what the have, they can trace out your route from home, to office to your preferred pub and if applicable your *plan b* :-).  Further they know whom you talked to and for how long during the day, night and over the last six months. They also know how much you paid for your groceries/supermarket, water bills and power bills, taxi..etc.
>
> But its all fine as long as they do not share this data with 3rd parties. 
>
> Same way your doctor knows your biological profile inside out. It's fine as long as he or she does not Blog about it.  Also you lecturer knows how many supplimentaries you had or did not have... Its all fine since that data is collected for a specific purpose relating to their tasks.  The moment it is shared to 3rd parties  for other purposes - surveillance, tax, marketing, etc, it violates your privacy and requires court orders to sanction.
>
> This is the  old essence of data protection. 'Old' because I recognise that the post-Google generation (Yr 2000+) seem not to give a hoot about data privacy. After all, they Snapchat, Instagram and Tweet whatever it is they are doing, eating, sleeping, showering and what have you. 
>
> They seem not to have a private life, and so why try to data-protect it?
>
> Very interesting times we live in.
>
> walu.
> nb: KRA can actually access your '3rd party' data through court orders, but not as a matter of routine or standard working procedure.
>
>
> ________________________________
> From: James Kagwe via kictanet <kictanet at lists.kictanet.or.ke>
> To: jwalu at yahoo.com 
> Cc: James Kagwe <kagwejg at gmail.com>
> Sent: Wednesday, May 11, 2016 1:43 PM
> Subject: Re: [kictanet] KRA's radical plan to catch tax cheats
>
> Just curious. Safaricom already has all this data. Is it that violation of privacy will happen when the data is transferred to KRA? Is it that we trust Safaricom more than government? I guess by the mere fact that we embrace technology and use it to achieve all our daily activities privacy in the sense we are discussing diminishes.
> Rgds,
> James Kagwe
> On May 11, 2016 12:55 PM, "Lawrence Njogu via kictanet" <kictanet at lists.kictanet.or.ke> wrote:
>>
>> In the absence of a legislation that governs the protection of personal data, entities will use their power to seek data from any source in order to fulfill their mandate. Although Kenya has a data protection bill, it does not provide guidance on what is meant by consent, and the legitimate grounds individuals can raise to object the processing of their data. This is also a wake up call for all of us......
>> In this case, KRA is driven by the will to demand tax compliance from merchants, and that is why they are currently focusing on payroll transactions that are aggregated through Mpesa platform. 
>> @Walu As you mentioned, KRA has the right to seek data directly from the merchants..and that is exactly what they are doing. 
>>
>>
>>
>> ________________________________
>> Date: Wed, 11 May 2016 05:35:35 +0000
>> From: jwalu at yahoo.com
>> To: kictanet at lists.kictanet.or.ke
>> CC: lnjogu at hotmail.com
>> Subject: Re: [kictanet] KRA's radical plan to catch tax cheats
>>
>> @Njogu, @Kivuva,
>>
>> Do not miss the big point. Which is that KRA has no authority (in the absence of Data Protection Act) to seek data from Safaricom, belonging to Safaricom clients - whether merchants, consumers or otherwise.
>>
>> KRA has ofcourse every right to seek the said data directly from the merchants or consumers (data owners) for that matter.
>>
>> Its a slippery path as some have alluded to. Soon KRA will be going to your hospital to demand data on how big your medical bill was for the last financial year - in order to estimated your net worth and compare that with what you declared in your tax returns.
>>
>> Further they will visit the private school where you kids go to school and demand how much school fees you have paid for your 3kids over the last financial year and do the same algorithm.
>>
>> Finally, they will visit your bank,  local pub, gym and whatnot  and demand the same information.
>>
>> This is all good for KRA, but hey, this data does NOT belong to the hospital, the private school, the local pub or gym. It belongs to YOU. These other entities are simply data custodians and have no right to share your data with NSIS, KRA, or even your wife :-)
>>
>>
>> walu.
>>
>>
>> ________________________________
>> From: Lawrence Njogu via kictanet <kictanet at lists.kictanet.or.ke>
>> To: jwalu at yahoo.com 
>> Cc: Lawrence Njogu <lnjogu at hotmail.com>
>> Sent: Tuesday, May 10, 2016 11:03 PM
>> Subject: Re: [kictanet] KRA's radical plan to catch tax cheats
>>
>> I agree Mwendwa.. This is tapping the aggregated vendors data at the SafariCom Paybill platform...and no consumer data aggregation is required.
>>
>> > Date: Tue, 10 May 2016 20:40:35 +0300
>> > Subject: Re: [kictanet] KRA's radical plan to catch tax cheats
>> > From: kictanet at lists.kictanet.or.ke
>> > CC: Kivuva at transworldafrica.com
>> > To: lnjogu at hotmail.com
>> > 
>> > 1. Paybill platform already has a VAT module that can be activated at
>> > any time by Safaricom. The equivalent of Paybill is your organisation
>> > Point of Sale or better still ERP.
>> > 2. Small players don't need to worry as far as VAT is concerned. If
>> > your annual turnover is below five million Kenyan shillings, you are
>> > not required to register for VAT
>> > 
>> > On 10/05/2016, Tony White via kictanet <kictanet at lists.kictanet.or.ke> wrote:
>> > > Don't forget - KRA already collects tax on m-pesa transactions - if
>> > > Bob is listening here, perhaps he can tell us just how much this is!
>> > >
>> > > There is also the question of how much time and effort is spent (at
>> > > what cost to the taxpayer!) chasing after all the small 'Lipa na
>> > > m-pesa' dukas.
>> > >
>> > > There is a point where some taxes are not worth collecting - ie.
>> > > costing more to administer and collect than the amount collected -
>> > > case in point - road tax
>> > >
>> > > Does KRA already have powers, without notice, to examine our bank
>> > > transaction records? Neither should they get into mobile money
>> > > transactions without a court order!
>> > >
>> > > Cheers from a very wet Kwale County ;)
>> > >
>> > >
>> > > On 10/05/2016, Ahmed Mohamed Maawy via kictanet
>> > > <kictanet at lists.kictanet.or.ke> wrote:
>> > >> Thinking exactly the same thing.. Ali.
>> > >>
>> > >> It is extremely surprising to me that the privacy issue has not been
>> > >> mentioned at all in all this. Even in the article. As Kenyans we tend to
>> > >> not understand how crucial privacy is. Especially in the context of what
>> > >> is
>> > >> going to go on here.
>> > >>
>> > >> This is the exact same issue that has put governments in the west at a
>> > >> great pain to explain their *secretive* involvement in yet here we are
>> > >> comfortably going *public* about it.
>> > >>
>> > >> On Tue, May 10, 2016 at 2:42 PM, Ali Hussein via kictanet <
>> > >> kictanet at lists.kictanet.or.ke> wrote:
>> > >>
>> > >>> ​This is a great initiative to expand the tax bracket. Im just curious
>> > >>> how
>> > >>> this will be achieved considering the slippery slope that will be
>> > >>> encountered on Privacy issues.​
>> > >>>
>> > >>> *Ali Hussein*
>> > >>>
>> > >>> *Principal*
>> > >>>
>> > >>> *Hussein & Associates*
>> > >>>
>> > >>>
>> > >>>
>> > >>> Tel: +254 713 601113
>> > >>>
>> > >>> Twitter: @AliHKassim
>> > >>>
>> > >>> Skype: abu-jomo
>> > >>>
>> > >>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> > >>> <http://ke.linkedin.com/in/alihkassim>
>> > >>>
>> > >>>
>> > >>>
>> > >>> Any information of a personal nature expressed in this email are purely
>> > >>> mine and do not necessarily reflect the official positions of the
>> > >>> organizations that I work with.
>> > >>>
>> > >>> On Tue, May 10, 2016 at 2:29 PM, Grace Githaiga via kictanet <
>> > >>> kictanet at lists.kictanet.or.ke> wrote:
>> > >>>
>> > >>>> @Grace B, do we have a law that would facilitate this? Or is KRA being
>> > >>>> over enthusiastic? How much would they really net in guys transacting a
>> > >>>> few
>> > >>>> thousands?
>> > >>>>
>> > >>>> ------------------------------
>> > >>>> Date: Tue, 10 May 2016 14:09:05 +0300
>> > >>>> Subject: [kictanet] KRA's radical plan to catch tax cheats
>> > >>>> From: kictanet at lists.kictanet.or.ke
>> > >>>> CC: nmutungu at gmail.com
>> > >>>> To: ggithaiga at hotmail.com
>> > >>>>
>> > >>>>
>> > >>>> Listers,
>> > >>>>
>> > >>>> KRA is targeting mobile money as part of the agency’s financial data
>> > >>>> gathering scheme that is meant to monitor businesses and individuals who
>> > >>>> are not paying their fair share of taxes.
>> > >>>>
>> > >>>> People familiar with the plan said the taxman is at an advanced stage of
>> > >>>> rolling out a number crunching mechanism that will use electronic data
>> > >>>> to
>> > >>>> suggest incomes of those using mobile money to pay bills and make
>> > >>>> purchases.
>> > >>>>
>> > >>>> Full article here:
>> > >>>> http://www.nation.co.ke/business/KRA-radical-plan-to-catch-tax-cheats/-/996/3196496/-/brq96h/-/index.html
>> > >>>> --
>> > >>>> Grace L.N. Mutung'u
>> > >>>> Nairobi Kenya
>> > >>>> Skype: gracebomu
>> > >>>> Twitter: @Bomu
>> > >>>>
>> > >>>> <http://www.diplointernetgovernance.org/profile/GraceMutungu>
>> > >>>>
>> > >>>> PGP ID : 0x33A3450F
>> > >>>>
>> > >>>>
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>> > >>
>> > >>
>> > >>
>> > >> --
>> > >> *Ahmed Maawy*
>> > >> Executive Director - SwahiliBox / M-Power (CBO)
>> > >> Ambassador - Open Knowledge
>> > >> Director - Startup Grind Mombasa
>> > >> Software Developer - AJ+ / EveryLayer
>> > >> (KE) +254 714 960 627
>> > >> Skype: ultimateprogramer
>> > >>
>> > >> swahilibox.co.ke
>> > >> www.okfn.org <http://okfn.org/>
>> > >> startupgrind.com
>> > >> ajplus.net
>> > >> www.everylayer.com
>> > >>
>> > >
>> > >
>> > > --
>> > > Tony White
>> > >
>> > > _______________________________________________
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>> > >
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>> > > people and institutions interested and involved in ICT policy and
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>> > 
>> > 
>> > -- 
>> > ______________________
>> > Mwendwa Kivuva, Nairobi, Kenya
>> > twitter.com/lordmwesh
>> > 
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