[kictanet] Day 2- Policy and Regulatory Framework on Privacy and Data Protection

Francis Monyango monyango93 at gmail.com
Thu Aug 23 21:58:41 EAT 2018

My concern is that the policy talks about ‘the right to be forgotten’ but
the bill doesn’t have a section on it. One can only delete misleading
information which is rather too limiting. The legal standards we are trying
to catch up with included the right to be forgotten in 2014 yet our draft
law doesn’t have it in 2018. The right should be there...maybe with
limitations. I don’t think limiting it to ‘false or misleading data’ is in
good faith.

On Thu, 23 Aug 2018 at 09:55, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> *Day 2- Rights of Data Subjects *
> Good morning Listers,
> Day 1 we commented on the principles of data protection mentioned in the
> draft policy and bill. Today, we will look at the rights of data subjects.
> For demonstration purpose, when you fill in your details at a mobile money
> agent’s shop–
> *                                  You- data subject *
> *                                  The mobile money agent- data processor *
> The data subject is the person to whom the data concerns.
> Here are the rights as listed in Clause 23 of the Bill. I have added
> comments underneath to help us visualise what these rights would mean in
> the future.
> *1. The right to be informed of the use to which the personal data is to
> be put*
> Eg. When we leave our details at the entrance to buildings, I expect that
> they will explain what the data will be used for.
> *2. Right to access their personal data in custody of data controller*
> Will we be able to demand from our mobile network operators to see our
> account details and transactional history?
> *3. Object to the collection or processing of all or part of their
> personal data*
> Will we be able to opt out of the biometric ID registration proposed by
> the Ministry of ICT here
> <https://www.businessdailyafrica.com/economy/Biometric-IDs-listing-set-for-this-year-after-secret-tender/3946234-4694828-v50ngv/index.html>
> ?
> *4. Correction and deletion of false or misleading data *
> Are we ready for a right to be forgotten? Should it be absolute?
> What do we think of these Listers? Are there other rights that ought to be
> included?
>    1.
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Francis Monyango

Lawyer | ICT Policy and Legal Consultant
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