[kictanet] Day 8: Policy and Regulatory Framework on Privacy and Data Protection- Key issues

[Robi Chacha]

Dear Grace,

The recommendations are great and apt.

Thank you!

Best,
Robi

On Fri, Aug 31, 2018 at 11:37 AM Grace Bomu via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Dear listers,
> During the discussion on the draft data protection policy and bill, a
> summary of issues includes:
>
>    - Listers recommended that the policy be expanded to look not only
>    into data privacy but also issues to enable a privacy respecting data
>    economy such as skills gap, standards, public funded data, data centers
>    etc.
>    - L
>    isters appreciated the principles for data protection as provided for
>    in the bill and called for ways of translating them into privacy promoting
>    practices within the data economy. For example, there was advocacy for
>    inculcation of data minimisation.
>    - Concerns were raised that if proper mechanisms were not put in
>    place, there was a risk of small data holders such as MSMEs not being able
>    to comply and the bill being a risk to innovation and growth.
>    - Data subject rights as provided for in the bill were viewed as
>    progressive. While there was debate on whether the right to be forgotten
>    should be absolute, listers recommended for this right with regard to
>    research data as well as data about children.
>    - While discussing data processors and controllers, listers debated on
>    data sovereignty and data residency and gave input on how Kenya could be
>    better facilitative of a local data economy. Listers also mused on
>    decisions made through automated means and how developments in artificial
>    intelligence impacted on personal privacy.
>    - On offences, some listers thought that they were not reflective of
>    data economy activities and that while they may be punitive to small
>    players, they were lenient for larger ones. Hence they recommended
>    graduated penalties. Listers also recommended for civil remedies to injured
>    persons under this law. Further, areas that did not have specified
>    penalties, for example not notifying a data subject in case of a breach,
>    were flagged out.
>    - The proposed institutional framework- office of the DPC came with
>    concerns on financing the office, powers of the DPC as well as independence
>    of the office.
>    - Finally, on exemptions, there was a recommendation for more
>    specificity to avoid eating into privacy of data subjects.
>
>
> We shall translate these points, together with those shared during the
> face to face forum at Strathmore University into submissions to the Task
> Force.
> We appreciate all those who gave input, asked questions and followed the
> discussion to learn.
> Please point out other areas we may have missed in this summary and ask
> your questions- At least two members of the Task Force are here to attend
> to you.
>
>
>
>
> --
> Grace Mutung'u
> Skype: gracebomu
> @Bomu
> PGP ID : 0x33A3450F
>
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-- 
------
Robi M. Chacha,
LL.B (Hons) (Moi) Dip Law (KSL)
3rd EAC Youth Ambassador, Kenya
+254(0)726235536 / +254(0)736368439
Skype: robi.chacha4

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