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

Sat Jul 22 10:41:45 EAT 2017

Walu, Your observation on musking parts of the ID number removing the
handled for certain types of audits is valid. My sense though is that what
IEBC have released online is now sufficient to be called a register in
compliance with the Elections act. It is now not mere statistics on  the
register as we were laughing off.

IEBC has also been heard saying that those who want the register (including
the IDs) on CD can buy it from them for 20,000/-. I believe the seriously
concerned stakeholders have done so already.

Best!

On Jul 22, 2017 10:24, "Walubengo J via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

@Mulwa,

This is excellent step by IEBC - but only one level.  The individual users
can indeed browse the register of the anonymized voters.

It is however insufficient for those interested in deeper
inspections/audits e.g wanting to check if the listed ID numbers are valid,
duplicates or belong to dead people.  By anonymizing data, the ability to
carry out the above audit is negated.

But yeah, that is a conversation beyond the list :-)

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:* Saturday, July 22, 2017 3:56 AM
*Subject:* Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
protection/privacy law

This is what I was talking about @Walubengo J.

IEBC have done it by releasing PARTIAL data of registered voters!

They have followed exactly what I was explaining and talking about earlier
in this thread.

On Fri, Jul 21, 2017 at 11:57 PM, John Kieti via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

KUDOS TO IEBC!.

They have finally done the right thing. The complete voter register is
accessible online per polling center https://www.iebc.or.ke/iebc/? fregister
<https://www.iebc.or.ke/iebc/?fregister>

The ID number has been masked until the last three digits and that appears
sufficient. We always gain more, collectively so, when everyone does the
right thing.

Best!

On Fri, Jul 21, 2017 at 6:38 AM, Grace Mutung'u <nmutungu at gmail.com> wrote:

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
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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
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>> not spam, do not market your wares or qualifications.
>>
>
>
>
> --
> *Patrick Mulwa*
>
> Skype: jcololo54
>
> LinkedIn: http://www.linkedin.com/in/pkm ulwa/
<http://www.linkedin.com/in/pkmulwa/>
>

-- 
Tony White

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