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

Fri Aug 24 06:56:44 EAT 2018

Thank you for the comments coming in so far. 

@Francis and @Michael what is the foundation of the right to be forgotten? Why do we need it? Should it be absolute? Should it apply to all ‘unwanted’ information? 

Let’s turn our attention to Clause 36 (right of rectification and erasure). The right to demand erasure extends to ‘irrelevant’ and ‘excessive’ information These parameters are not defined. Can a convict demand that kenyalaw.org <http://kenyalaw.org/> delete a case from its database? Should we be allowed to stop newspapers from running a story because of the ‘irrelevance’ or ‘lack of authorisation’? What are we trying to achieve with the right to be forgotten? Should politicians be allowed to re-invent themselves? 

@Kiarie, thank you for bringing up the issue of consent. Under Clause 28 we see general conditions for consent. Reading that, do you get a clear picture of what consent is? Clause 33 goes ahead to restrict the use of data for direct marketing- I imagine this is a welcome relief? 

@Michael  I agree the definition of the rights is in the exceptions. In our next discussion we will look at the limitations to the rights of data subjects and whether the manner in which these rights have been limited conforms to the standards set in Article 24 of the Constitution.

@WIlliam, I agree that the remedies should go beyond criminal sanctions. I like your proposal that the right to compensation should also be included in the rights- that's ingenious. More on this on Day 5 when we consider penalties and remedies in detail. 

Let’s keep talking. 

> On 23 Aug 2018, at 21:58, Francis Monyango via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> 
> 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 <mailto: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? 
>   
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> -- 
> Francis Monyango
> 
> Lawyer | ICT Policy and Legal Consultant
> www.monyango.com <http://www.monyango.com/>
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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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