[kictanet] kictanet Digest, Vol 122, Issue 93

Sat Jul 22 16:05:10 EAT 2017

A wonderful albeit frightening paper has been written by Kevin P. Donovan
on our "afterthought" Data Privacy discussions from an Africa-wide SIM
Registration initiative angle. Well worth the read to provide in-depth
perception of the systemic scale of what this thread is doing kitchen-table
level talk on.

http://firstmonday.org/ojs/index.php/fm/article/view/4351/3820

Yasin

On Sat, Jul 22, 2017 at 10:48 AM, <kictanet-request at lists.kictanet.or.ke>
wrote:

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>    1. Re: IEBC 2017 REGISTER OF VOTERS - data protection/privacy
>       law (Walubengo J)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sat, 22 Jul 2017 07:47:33 +0000 (UTC)
> From: Walubengo J <jwalu at yahoo.com>
> To: John Kieti <jkieti at gmail.com>,  KICTAnet ICT Policy Discussions
>         <kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
>         protection/privacy law
> Message-ID: <987287635.2543413.1500709653702 at mail.yahoo.com>
> Content-Type: text/plain; charset="utf-8"
>
> Spot on @Kieti.
> Problem now is that how do you ensure the 'seriously concerned
> stakeholders' do NOT abuse the data? Imagine your ID, tel-no, Date of
> Birth, ?or even finger-print data hanging somewhere with a 'concerned
> stakeholder' with no framework/laws to guide on how the stakeholder should
> protect/store or transmit the data (***shivers***)
> Hapo ndio iko shida :-)
> walu.
>
>       From: John Kieti <jkieti at gmail.com>
>  To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>;
> Walubengo J <jwalu at yahoo.com>
>  Sent: Saturday, July 22, 2017 10:41 AM
>  Subject: Re: [kictanet] IEBC 2017 REGISTER OF VOTERS - data
> protection/privacy law
>
> 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
>
> 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
> >> Phone: +254-735-764242 // +254-722-764242
> >> Twitter: @johnKieti // Skype:? jkieti
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> >
> >
> >
> > --
> > *Patrick Mulwa*
> >
> > Skype: jcololo54
> >
> > LinkedIn: http://www.linkedin.com/in/pkm ulwa/
> >
>
>
> --
> 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,
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>
>
>
>
> --
>
> John Kieti
> Phone: +254-735-764242 // +254-722-764242
> Twitter: @johnKieti // Skype:? jkieti
> Blog: gmeltdown.com // LinkedIn:?https://ke.linkedin. com/in/kieti
> The ordinary just won't do
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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.
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> 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 // +254-722-764242
> Twitter: @johnKieti // Skype:? jkieti
> Blog: gmeltdown.com // LinkedIn:?https://ke.linkedin. com/in/kieti
> The ordinary just won't do
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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
>
> 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
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>
> 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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-- 

عبدالله ياسين أركانالدين | *ArkAN_ud-Din YaSin*

twitter: *@ArkANudDinYasin <https://twitter.com/ArkANudDinYasin>*

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