[kictanet] The Politics of Data Privacy and Elections in KE

[esther kamande]

The *current Data Protection Bill 2013 section 17 (b)* waters down the
provisions regarding misuse of information in section 16 by allowing use of
personal data for commercial purposes without obtaining consent as long as
it is allowed by *any other law*. This clause provides a loophole that can
be exploited to evade the principles provided for in section 4.
Furthermore, *t**here is no provision prohibiting supply and sale of i.e
electoral registers, registration of persons records* for political and
commercial purposes having regard to the nature of the data contained in
the registers, including in particular that it is personal data
compulsorily obtained for the specific purpose of enabling  Kenyans
transact and qualifying electors to vote.





The current Data Protection Bill 2013 offers no solid protection to
the data subject and doesn’t reflect the current best practices globally.
With the current Bill, data subjects remain at the mercy of the data
processors and controllers (agencies) as the legal burden/responsibility
the act imposes on the authorized users is not sufficient .


There is an urgent need to revise the current draft to address some of
these issues that we are currently experiencing.


Further reference:
https://wbilaw.wordpress.com/2016/07/30/data-protection-bill-kenya-analysis/



Regards,



Esther Kamande

Advocate | Policy Analyst



Twitter: @enkamande





Regards,

Esther Kamande

Advocate | Policy Analyst

Twitter: @enkamande




On Sat, Feb 4, 2017 at 7:05 PM, Mose Karanja via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> A pattern is very evident since late last year on database breaches for
> political ends.
> ------
> "It appears that all ID numbers from perceived Jubilee strongholds have
> been run through the IEBC voters register to find out their registration
> status. The chiefs have been issued with sheets of papers containing mobile
> numbers of all residents within their locations and sub locations who are
> not registered.
> …
>
> “We got this data from the registrar of persons and the brief to the
> chiefs was to ascertain whether these people are registered. I don’t see
> anything wrong with that. We are not coercing anybody to register,” Sosio
> said. He added: “I don’t know whether the same is taking place in other
> counties but as you know, homes are run differently and this is how we have
> chosen to do it in Nyeri.”
> -------
> Read more:
>
> https://www.standardmedia.co.ke/mobile/article/2001228175/
> revealed-inside-jubilee-s-vote-machine-to-beat-raila-odinga
>
> ---
> Moses Karanja
> www.moseskaranja.com/blog
>
>
>
>
>
>
>
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