[kictanet] Day 1- Policy and Regulatory Framework on Privacy and Data Protection

Wed Aug 22 17:12:52 EAT 2018

Thank you Gerishon and Matthew.

@Gerishon, on consent:
The draft policy indicates that fairness means that the data subjects (you
and me) are informed of 1. the name of the data controller (the person who
determines the purpose and means of data collection) and 2. the purpose for
which data is being collected.

Consent is also dealt with under Clause 27 of the draft bill. Here is a
follow up question :

*What amounts to ‘consent’? When can it be said that one has agreed to have
their data collected and processed in a certain manner? *

@Matthew thanks for flagging the inequity between small and large scale
controllers. I wonder whether it would have been useful to acknowledge
innovation as one of the principles. The documents do set a restrictive
tone I note- leaning towards restricting the collection of data as opposed
to encouraging it. Eg the principles of data minimization and storage
limitation will not allow controllers to collect data that would be
considered ‘extra’ or ‘luxurious’. Is there a way to balance the two-
protection of privacy vis-a-vis promoting innovation through aggressive
research?

Listers, I would like to hear from more of you.

On Wed, 22 Aug 2018 at 14:20, Michael Pedersen via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Listers,
>
>
> On the topic of transparency - I somehow feel that the office of the data
> protection commissioner should be required to publish (preferably on the
> web) at least statistics on the number of cases/complaints brought to them
> for various periods of time - this way it would be easier to determine if
> the problem of data-protection is growing.
>
> I might argue that it should even be public which company the individual
> complaints are against so that it is possible for the public to take note
> of which companies they reliably can trust with their data.
>
>
> On the topic of fairness I am deeply concerned that the legislation is
> written only with "large data holders" in mind and not SME's - In terms of
> requirements for compliance, fee-structures, administrative-overhead. The
> burden may be too large for startups and SME's and hereby limit innovation
> and growth of new companies.
> It might be more fair if the requirements increased as a result of the
> amount of data you hold - i.e. if you hold data for less than 10000
> individuals you may only need to provide a compliance report to the office
> once a year. But if you hold data for more than 1million indidviduals then
> you need to report monthly/quaterly etc.
>
>
> Kind regards
> Michael Pedersen
>
>
>
> On 08/22/2018 01:02 PM, Walubengo J via kictanet wrote:
>
> Listers,
>
> please note that the bill is also hosted on the Jadili platform @
> http://jadili.ictpolicy.org/docs/privacy-and-data-protection-policy-and-bill-,2018#heading-1 for
> your easy access.
>
> Lets have your views so that what finally goes to parliament has
> stakeholder support with less risk of court-cases ;-)
>
> walu.
>
> On Wednesday, August 22, 2018, 10:47:31 AM GMT+3, kanini mutemi via
> kictanet <kictanet at lists.kictanet.or.ke> <kictanet at lists.kictanet.or.ke>
> wrote:
>
>
> *Day 1- Principles of Data Protection *
>
> Dear Listers,
>
> As GG had indicated on Monday, we will hold online moderated discussions
> on the policy and regulatory framework on privacy and data protection. I
> will kick us off with a discussion on the proposed principles of data
> protection (Part 5 of the draft policy and Part IV of the draft bill).
>
> There are seven proposed principles–
>
>
>
>
>
>
>
> *(a) Fairness, lawfulness and transparency (b) Purpose limitation (c) Data
> minimisation  (d) Storage limitation  (e) Accuracy (f) Confidentiality and
> Integrity  (g) Accountability *
> To begin with, I welcome comments on
>
> *-what is your first impression of the principles?*
>
> * -why do we need to set out principles?*
>
> * -are the principles clearly defined in the draft policy and bill?*
>
> Tujadiliane!
> --
> *Mercy Mutemi . *
>
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>
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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.
>
-- 
*Mercy Mutemi, Advocate*.
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