[kictanet] IEBC 2017 REGISTER OF VOTERS - data protection/privacy law

Fri Jul 21 06:38:50 EAT 2017

Hi John,
The scenario you describe makes a case for data protection law, because it
should not be legal to have access to the IEBC register for (bulk SMS or
other) business purposes.
Thankfully there are guidelines against unsolicited bulk SMS from political
parties and candidates.

On 21 Jul 2017 12:43 a.m., "John Kieti via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> One thing I was shocked to learn about is that IEBC actually has my phone
> number. I wonder why I didn't question the field on their form requiring
> you to give them phone number during the BVR exercise back in 2012. But
> that is not nearly the main problem.
>
> The problem is that in the last week before elections, many aspirants with
> unscrupulous access to IEBC's databases (for specific jurisdictions) will
> use the phone numbers to send campaign messages in bulk to their would be
> constituents. You just need to ask yourself where aspirants for party
> primaries in specific areas were getting your number to beg for your vote
> in the last hours before nomination date.
>
> Good luck with data privacy people!
>
> On Thu, Jul 20, 2017 at 8:00 PM, Walubengo J via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> @Eng Kariuki,
>>
>> Absolutely.
>>
>> Once the election dust has settled we should ALL push for the Data
>> Protection Act which I am aware has been doing rounds as a Bill in
>> parliament since 2007.
>>
>> And yes, it is not lost to keen observers that the widely celebrated and
>> recently passed Access to Information Act was pushed through as a ( P.
>> Nyokabi's ) private member's bill  and not government ;-)
>>
>> Globally, governments seem to have phobia for some of these touchy things
>> :-)
>>
>> walu.
>>
>>
>> ------------------------------
>> *From:* John Kariuki <kariuki_jn at yahoo.com>
>> *To:* Walubengo J <jwalu at yahoo.com>; KICTAnet ICT Policy Discussions <
>> kictanet at lists.kictanet.or.ke>
>> *Sent:* Thursday, July 20, 2017 7:36 PM
>>
>> *Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
>> protection/privacy law
>>
>> Walu,
>> When the present debate and IEBC issues are done,let us chat about data
>> protection legislation.
>> You may perhaps be aware that I have been pursuing it since 2007 without
>> success! You may also recall that Access to information Act was pulled
>> through mainly through the efforts of Nyeri Woman Rep, Priscilla Nyokabi
>> who had dealt with the subject before joining politics!
>>
>>
>> John Kariuki
>>
>>
>>
>> ------------------------------
>> *From:* Walubengo J via kictanet <kictanet at lists.kictanet.or.ke>
>> *To:* kariuki_JN at yahoo.com
>> *Cc:* Walubengo J <jwalu at yahoo.com>
>> *Sent:* Thursday, July 20, 2017 7:12 PM
>> *Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
>> protection/privacy law
>>
>> @Mulwa,
>>
>> Partial Voter ID wont help.
>>
>> The major reason people (esp. political parties) want the voter register
>> is to do analytics/audits of the same- with the presumption that the voter
>> register is tainted.  Partial IDs would not be useful in such an exercise,
>> eg when searching for duplicate, fake or underaged IDs.
>>
>> On the other hand,full disclosure exposes citizen data  to potential data
>> abuse.
>>
>> This is where the Data Protection Act would have been useful in as far as
>> providing a framework of use. It would balance out these two conflicting
>> requirements that protects everyones interests.  The Act would for example
>> allow for conditional access - i.e with appropriate penalties in the event
>> of abuse or exposure.
>>
>> At the moment supermarkets, banks, hospital, universities, operators, etc
>> can abuse your private information but then...so what?
>>
>> walu
>>
>>
>> ------------------------------
>> *From:* Patrick Mulwa via kictanet <kictanet at lists.kictanet.or.ke>
>> *To:* jwalu at yahoo.com
>> *Cc:* Patrick Mulwa <pmulwa2006 at gmail.com>
>> *Sent:* Thursday, July 20, 2017 6:20 PM
>> *Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
>> protection/privacy law
>>
>> Guys, the USA is facing the same issue where thousands of voters are
>> removing themselves from state voter rolls, prompted by fears that their
>> information will be revealed by President Donald Trump’s vote fraud
>> commission.At least 44 of the 50 states have refused requests by the
>> committee to hand over data. However, this is more  POLITICAL as it is seen
>> by many as an attempt by Trump to justify why he lost the popular vote.
>>
>> Maybe @IEBCKenya might consider revealing PARTIAL names, ID number, and
>> location. I want to stress the word PARTIAL here. A good example is a bank
>> where they present to you a few letters of your phone number or your
>> visa/MasterCard and ask you to fill them in to verify that an account is
>> yours.
>>
>> Personally, I believe partial voter data might be the way to go here.
>>
>> On Thu, Jul 20, 2017 at 5:36 PM, Douglas Gichuki via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Walubengo,
>>
>> Article 31 is a general principle of the constitution that while
>> sufficient to anchor privacy as a general constitutional right does not
>> address offer the mechanics of operationalising privacy. We need to move on
>> a responsive ACT asap.
>>
>> Regards,
>>
>> On Jul 20, 2017 4:45 PM, "Walubengo J via kictanet" <
>> kictanet at lists.kictanet.or.ke > wrote:
>>
>> I have been reliably informed that Kenya actually has a law on data
>> protection. The super-law, the Constitution of Kenya says in article 31 as
>> follows:
>>
>> >>>>>
>>
>>
>> *31.* Every person has the right to privacy, which includes the right
>> not to have—
>> (*a*) their person, home or property searched;
>> (*b*) their possessions seized;
>> (*c*) information relating to their family or private affairs
>> unnecessarily required or revealed; or
>> (*d*) the privacy of their communications infringed.
>>
>> >>>
>>
>> I therefore rephrase my earlier statement to claimed that we do not have
>> a law, and say theat we do not have an "Act" on Data Protection/Privacy.
>>
>> Maybe IEBC can use the provisions in article 31 in the meantime.
>>
>> 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:* Thursday, July 20, 2017 10:34 AM
>> *Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS
>>
>> True that Tony.
>>
>> But here is the news - Kenya has NO data protection law or policy.
>>
>> So anything flows and goes.
>>
>> walu.
>>
>>
>> ------------------------------
>> *From:* Tony White via kictanet <kictanet at lists.kictanet.or.ke >
>> *To:* jwalu at yahoo.com
>> *Cc:* Tony White <tony.mzungu at gmail.com>
>> *Sent:* Thursday, July 20, 2017 10:17 AM
>> *Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS
>>
>> On the other hand, I do not want **anyone** listing my name and ID
>> number for anyone to scrape and mis-use.
>>
>> Revealing personal information is **not** 'transparency' - it's a
>> breach of data privacy!
>>
>> Cheers,
>> Tony
>>
>> On 19/07/2017, Patrick Mulwa via kictanet <kictanet at lists.kictanet.or.ke
>> > wrote:
>> > We still have a long way to go with regards to Transparency @IEBCKenya
>> >
>> > On Wed, Jul 19, 2017 at 5:16 PM, John Kieti via kictanet <
>> > kictanet at lists.kictanet.or.ke> wrote:
>> >
>> >> Found it laughable :)
>> >>
>> >> On Wed, Jul 19, 2017 at 2:15 PM, Alex K via kictanet <
>> >> kictanet at lists.kictanet.or.ke> wrote:
>> >>
>> >>> [image: Inline image 1]      What an ICT lie with this IEBC to put a
>> >>> link for access to a register and then have STATISTICS ON REGISTERED
>> >>> VOTERS/  DISTRIBUTION OF REGISTERED VOTERS.
>> >>> It is so dishonest a move by such a Credible body especially to people
>> >>> in
>> >>> ICT.
>> >>>
>> >>> Best Regards,
>> >>> Mr. Alexander M. Kamau,
>> >>>
>> >>>
>> >>>
>> >>>
>> >>>
>> >>>
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>> >>
>> >>
>> >> --
>> >>
>> >> John Kieti
>> >> Phone: +254-735-764242 <+254%20735%20764242> // +254-722-764242
>> <+254%20722%20764242>
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>> >>
>> >> The ordinary just won't do
>> >>
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>> >> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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>> >
>> >
>> >
>> > --
>> > *Patrick Mulwa*
>> >
>> > Skype: jcololo54
>> >
>> > LinkedIn: http://www.linkedin.com/in/pkm ulwa/
>> <http://www.linkedin.com/in/pkmulwa/>
>> >
>>
>>
>> --
>> Tony White
>>
>>
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>> 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.
>>
>>
>>
>>
>> --
>> *Patrick Mulwa*
>>
>> Skype: jcololo54
>>
>> LinkedIn: http://www.linkedin.com/in/pkmulwa/
>> _______________________________________________
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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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>>
>> 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.
>>
>
>
>
> --
>
> John Kieti
> Phone: +254-735-764242 <+254%20735%20764242> // +254-722-764242
> <+254%20722%20764242>
> Twitter: @johnKieti // Skype:  jkieti
> Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn:
> https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
>
> The ordinary just won't do
>
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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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