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

Tue Aug 28 12:00:18 EAT 2018

Hi Mercy,

Lest we forget Artificial Intelligence is Subject to Human Intelligence. AI
is simply programming a tool that can then enhance efficiency within a
particular environment. The Programmers are subject to the Laws of a
certain jurisdiction within which they operate and in the case of cross
border work subject to International Instruments. Assuming the act being
debated is enacted , it will affect those developing or deploying
Artificial Intelligence within our Jurisdiction.

Best Regards

On Sat, Aug 25, 2018 at 12:01 AM kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Thank you Elizabeth for shedding light on this. Following your direction,
> perhaps we can list legitimate interests the right to be forgotten should
> protect. You have given the example of information that has been
> disseminated without consent, say the circulation of nude photos without
> permission, which in itself is a grave violation of the right to privacy.
> Are there other instances that call for such protection?
>
> Listers, allow me to double back to the issue of consent. *How should we
> handle data collection by AI (Artificial Intelligence?)*
>
> On 24 Aug 2018, at 09:51, Elizabeth Moturi <moturiliz at gmail.com> wrote:
>
> The foundation of the right to be forgotten is the right to privacy
> because the right to privacy is the right of an individual to control the
> extent to which personal information is disseminated to others. Therefore,
> it should be within your right to privacy to remove your personal
> information from the internet.
>
> *Why do we need it?*
> I am sure we have all heard of the saying that the Internet never forgets.
> In my view we need the right to be forgotten because first of all human
> beings are prone to make mistakes and sometimes it is not necessary that we
> keep a record of all mistakes that were made.  We have all posted a tweet
> or a photo that on second thought we realize is not a good idea. The fact
> that it may
>
> There are people who have had their information disseminated without their
> consent in the first place. Think of all those people who have become
> Memes. Some have gone into depression and committed suicide.
>
> The fact that we are aware that we cannot erase anything from the internet
> has led some to self- sensor (I am personally guilty of this). It can be
> argued that failure to provide the right to be forgotten needlessly
> curtails our freedom of expression.
>
>   *Should it be absolute?*
> I agree with Francis that the right should not be absolute. Limitations
> are necessary for example under the GDPR personal data must be erased
> immediately where the data is no longer needed for the original processing
> purpose, or the data subject has withdrawn their consent and their is no
> other legal ground for processing, the data subject has objected and there
> are no overriding legitimate grounds for processing, or erasure is required
> to fulfill a statutory obligation under the law.
> The right to be forgotten should also be balanced with the right to
> information.
>
>
>
>
> On Fri, Aug 24, 2018 at 7:22 AM kanini mutemi via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> 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> 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
>> www.monyango.com
>>
>>
>>
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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.
>>
>>
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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.
>>
>
>
> --
> Kind regards,
> Elizabeth Moturi
>
>
> _______________________________________________
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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.
>

-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A
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