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

[Grace Bomu]

Thank you Robi!

Il giorno ven 31 ago 2018 alle ore 13:03 Robi Chacha <rmosenda at gmail.com>
ha scritto:

> 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
>
>  *- "If you think youre too small to make a difference, try sleeping with
> a mosquito" - Dalai Lama XIV*
>
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-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F
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