[kictanet] Day 7: Policy and Regulatory Framework on Privacy and Data Protection- Exemptions

[Riva Jalipa]

Hi GB,

Thanks for facilitating. Perhaps there should/ could be clarity on what is
meant by research and whether all kinds of research deserve exemptions.

On Thu, 30 Aug 2018 13:30 Walubengo J via kictanet, <
kictanet at lists.kictanet.or.ke> wrote:

> Thnx GB and Mercy for keeping the discussion running.
>
> I will not directly respond since am an 'interested' party ;-)
>
> However, I just wanted to share my take/overview of the bill in an effort
> to see if Listers can have the bigger picture and possibly send in more
> comments - belated or otherwise.  Just ensure you pick the correct subject
> line (Day 1, 2, 3 etc) and submit your ideas.
>
> Here is my overview.
>
> WALUBENGO: Data Protection Bill is finally out – The key
> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/Data-Protection-Bill-is-finally-out---The-key-principles/2274560-4731156-1176oukz/index.html>
>
> WALUBENGO: Data Protection Bill is finally out – The key
>
> Data controllers determine the purpose for and the manner in which the
> data collected on citizens is processed.
>
> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/Data-Protection-Bill-is-finally-out---The-key-principles/2274560-4731156-1176oukz/index.html>
>
>
> walu
>
> On Thursday, August 30, 2018, 9:32:03 AM GMT+3, Grace Bomu via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>
> Good morning listers,
> Today we look at other issues in the draft bill that we missed during the
> discussions.
>
> One is the question of exemptions, which are provided for in part vii. The
> grounds listed for exemption from the provisions of the Act are: national
> security and public order concerns, lawful disclosure, prevention of
> crimes, apprehension or prosecution of an offender and assessment or
> collection of tax. Interestingly, the draft empowers the cabinet secretary
> to determine national security and public order concerns. (clause 47(3))
>
> Journalism, literature and the arts are also exempted from the principles
> of data protection. Where a publication is in public interest, the
> publisher is only required to comply with the relevant code of ethics.
> Processing and further processing for research, history and statistical
> purposes is also exempted from the principle of collecting data for a
> specified purpose. Although the proposed law gives a safeguard through the
> principle that data must eventually be destroyed, it does not give
> guidelines on time periods - it states that research data may not be kept
> indefinitely. Again, the CS is empowered to prescribe further instances
> when data may be exempted from provisions of the law (clause 50)
>
> Finally listers, there are general exemptions in clause 2 of the bill. The
> law will not apply to sharing of information among government departments/
> public sector agencies or to processing by an individual for purely
> personal business (this is the personal phonebook exemption)
>
> Part of public reaction to this draft was that the bill gives with one
> hand and takes away with the other. Is this an exaggerated view and if so,
> how can this be cured in the draft? Are there other ways of dealing with
> the concerns raised in the exemptions (eg national security) without taking
> away data subject rights? Ultimately, should any data processor/controller
> be exempt from protecting data?
> Also, are there other useful exemptions that we are missing?
>
> Please share your thoughts on this issue and any other issue from the
> draft bill.
>
>
> --
> Grace Mutung'u
> Skype: gracebomu
> @Bomu
> PGP ID : 0x33A3450F
>
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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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