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

Wed Feb 8 08:38:33 EAT 2017

Interesting insights Esther,

The other law that provides for data protection would be the Consumer
Protection Act (but are voters considered and seen as consumers in the
Elections context?)

Also, KICA regulations on Consumer Protection (Kenya Information and
Communications (Consumer Protection) Regulations, 2010*)*

The regulations seek to protect the interests and rights of consumers
including the right to personal privacy and protection against unauthorized
use of personal information and protection from unfair trade practices,
including false and misleading advertising and anti-competitive behavior by
licensees.

However the regulations bind and expect compliance from CA licensees.

That said, IEBC probably has policy, manual or regulations on data
protection. If not, they probably should think of developing one.

Kind Regards,
June Tessy
LinkedIn Profile <http://ke.linkedin.com/in/juneokal>

On 7 February 2017 at 22:19, <kictanet-request at lists.kictanet.or.ke> wrote:

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> Today's Topics:
>
>    1. Re: The Politics of Data Privacy and Elections in KE
>       (esther kamande)
>    2. Re: Talk-2-Safaricom: Days 1 of 6 (Monday 6th Feb) - Consumer
>       Issues (Odhiambo Washington)
>    3. Re: Talk-2-Safaricom, Day 2 of 6:-Competition Issues (Ali Hussein)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 7 Feb 2017 21:35:58 +0300
> From: esther kamande <enkamande at gmail.com>
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] The Politics of Data Privacy and Elections in
>         KE
> Message-ID:
>         <CACW7LPMkaORLkSbr3mVszKjkcTd3piA08w6gUUzX2ayQB7z_kA at mail.
> gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> 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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> >
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> >
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> ------------------------------
>
> Message: 2
> Date: Tue, 7 Feb 2017 21:37:34 +0300
> From: Odhiambo Washington <odhiambo at gmail.com>
> To: Emmanuel Khisa <oloo.khisa at googlemail.com>
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>,
>         Emmanuel Khisa <oloo.khisa at gmail.com>
> Subject: Re: [kictanet] Talk-2-Safaricom: Days 1 of 6 (Monday 6th Feb)
>         - Consumer Issues
> Message-ID:
>         <CAAdA2WMKtW-JfRiLo6DChGQxAadrC27URQvfdmPUj
> K7gXKZpLw at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> On 7 February 2017 at 21:18, Emmanuel Khisa <oloo.khisa at googlemail.com>
> wrote:
>
> > Safaricom in the new strategy have decentralised their operations fully
> to
> > diffeent regions in the country...I would be glad if the staff posted in
> > these regions focussed on improving quality of service across the
> > country...An example is the Western Kenya office in Kisumu should try and
> > resolve quality issues between Kisumu and Busia...e.g Ojolla to Maseno
> > section has serious signal drops.
> >
>
> I second that, Emmanuel.
>
> Can Safaricom tell us when they expect to have the BS at Chulaimbo? I tried
> pushing for this for years till I gave up. They can put it kwetu Nyumbani
> :-)
>
> --
> Best regards,
> Odhiambo WASHINGTON,
> Nairobi,KE
> +254 7 3200 0004/+254 7 2274 3223
> "Oh, the cruft."
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> ------------------------------
>
> Message: 3
> Date: Tue, 7 Feb 2017 22:15:10 +0300
> From: Ali Hussein <ali at hussein.me.ke>
> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] Talk-2-Safaricom, Day 2 of 6:-Competition
>         Issues
> Message-ID: <D79072C2-D95C-4A60-8908-FE9DC3EC5A17 at hussein.me.ke>
> Content-Type: text/plain; charset="us-ascii"
>
> Actually I honestly don't understand this business of expiration of
> Bundles..
>
> I mean if I go and fuel at the petrol station and the fuel in my car lasts
> a month will the fuel expire??? It's my money, it's my bundles. I think CA
> is sleeping on the job. Telcos need to change this policy. It's very unfair.
>
> Ali Hussein
> Principal
> Hussein & Associates
> +254 0713 601113
>
> Twitter: @AliHKassim
> Skype: abu-jomo
> LinkedIn: http://ke.linkedin.com/in/alihkassim
>
> "We are what we repeatedly do. Excellence, therefore, is not an act but a
> habit."  ~ Aristotle
>
>
> Sent from my iPad
>
> > On 7 Feb 2017, at 4:56 PM, george sidney ralak via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
> >
> > Hello,
> >
> > I've been on postpaid since 2013, all that time, I have been receiving
> 100 Mbs per month, we are now in 2017, is there a way Safaricom can add the
> amount of bundles it gives to its postpaid customers? 100 Mbs cannot even
> last one day and to make it worse it, there is no way one can sambaza
> bundles to a postpaid number. Since I rarely exhaust the voice bundles
> given to me, maybe there should be a plan to choose which bundles to
> receive more than the other.
> >
> > Lastly, to those unused voice bundles at the end of every month, instead
> of just wiping them out, and you don't carry them forward like you used to
> anymore, why don't you convert them to Bonga points instead.
> >
> > Cheers.
> >
> > PS: apologies if this doesn't fall under today's topic.
> >
> >
> >> On Tue, Feb 7, 2017 at 4:40 PM, Grace B via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
> >> I will ask a question on behalf of my teenager friend,  "If Safcom
> makes so much profit,  why can't it lower data costs?"
> >>
> >>> On 7 Feb 2017 4:05 a.m., "Victor Kapiyo via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
> >>> Safaricom has over the years benefited from its current position,
> raking in billions in profits for its shareholders. As a public listed
> company, what has the company done so far to confer some of these benefits
> to the public, whether as part of its CSR, investments or approaches in
> business operations etc.?
> >>>
> >>> Regards,
> >>>
> >>> Victor K
> >>>
> >>>> On 7 Feb 2017 11:43, "Walubengo J via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
> >>>> Eeih?
> >>>>
> >>>> No comments on this dominance issue?  I thought it was quite hot the
> other week.
> >>>>
> >>>> The major issue is to debate whether Safricom is dominant.  If so, is
> this affecting the market negatively in terms of competitors being unable
> to break this dominant position?  What options might there be to bring
> about a change?
> >>>>
> >>>> Keeping in mind the other argument, should there be any change
> required?
> >>>>
> >>>> Toa maoni.
> >>>>
> >>>> walu.
> >>>>
> >>>>
> >>>>
> >>>> From: Walubengo J via kictanet <kictanet at lists.kictanet.or.ke>
> >>>> To: jwalu at yahoo.com
> >>>> Cc: Walubengo J <jwalu at yahoo.com>
> >>>> Sent: Tuesday, February 7, 2017 8:16 AM
> >>>> Subject: [kictanet] Talk-2-Safaricom, Day 2 of 6:-Competition Issues
> >>>>
> >>>> We wish to thank all those who managed to contribute on Day 1,
> Consumer Issues.  Feel free to throw in some belated questions for Day1 -
> as long as you keep the relevant subject line.
> >>>>
> >>>> Today we move onto Day2 issues that deal with competition/ market
> dominance issues.
> >>>>
> >>>> The current data from CA (Q1, 2016-17) could be a useful guideline
> for the dominance debate. It  gives Safcom the following market shares:-
> >>>>
> >>>> a)    Mobile Subscriber population (69% of all subscribers, closest
> rival has 17.5%)
> >>>> b)    Voice Traffic (76% of all mobile voice traffic, closest rival
> is at 13.8%)
> >>>> c)    Data/Internet Subsector, (63.2% of mobile internet
> subscriptions, closest rival is at 21%)
> >>>> d)    Mobile Money Transactions ( 81% of all mobile money
> transactions, closest rival is at 16%)
> >>>>
> >>>> I am sure we cannot ask or blame Safaricom for what it may consider a
> successful state of affairs :-)
> >>>>
> >>>> So please share your perspective as to whether or not Safaricom is
> dominant in the following sub-sectors and whether or not some intervention
> is required from the regulator in as far as making the market more
> competitive.
> >>>>
> >>>> Lets have your views, floor is open.
> >>>>
> >>>> ----thematic areas---
> >>>> 1. Consumer Issues Day,
> >>>> 2. Competition Issues Day,
> >>>> 3. Innovators, Innovations & Suppliers Day,
> >>>> 4. Infrastructure & Universal Access Day,
> >>>> 5. Technology & Elections Day
> >>>>
> >>>>
> >>>>
> >>>>
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> 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.
> >>>
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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.
> >>
> >> _______________________________________________
> >> kictanet mailing list
> >> kictanet at lists.kictanet.or.ke
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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.
> >
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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.
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