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

Tue Aug 28 12:08:40 EAT 2018

On Fri, Aug 24, 2018 at 7:23 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?  *
>
BO: Mercy, i think it will be good to  Juxtapose the foundation of the
right to be forgoten to the foundation of the Internet. The Internet was
developed ostensibly to share information. If you think the information you
have should not be on the internet, that is it is not supposed to be shared
, then don't upload it. Erasing information from the Internet can be
laborius depending on the extent has been shared and can cost a lot. This
right should therefore not be absolute. We have to be carefull with how the
right to be forgotten is handled since it can affect Whistle Blowing.

>
> 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.
>

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