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

Wed Aug 22 18:39:07 EAT 2018

Sorry- I should have said Michael, not Matthew. Apologies.

On Wed, 22 Aug 2018 at 17:12, kanini mutemi <kaninimutemi at gmail.com> wrote:

> 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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>>
>> 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*.
>
>
>
> --
*Mercy Mutemi, Advocate*.
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