[kictanet] What should happen to personal data when someone dies?

[Dr. Thomas A. Senaji]

Good morning -

My view is that it should be addressed in the proposed law and rederve
judicial interpretation  to the judiciary when such a  need arises.

For the case in point, the data is personal and can best be treated as such
and only accessed by people with legitimate interest...this 'legitimate
interest' should be unambiguously defined in the law. Further, I suggest
that the data be treated under "succession" such that the request to access
the information be made to the party to the successor.

Just some thoughts


Senaji


On Wed, 12 Sep 2018, 23:58 Grace Bomu via kictanet, <
kictanet at lists.kictanet.or.ke> wrote:

> Listers,
> As we continue to discuss the data protection bill, an issue that has come
> up and is not captured in the proposed laws is the issue of legacy.
> For example, a viral clipping in social media has a newspaper report
> stating that a woman who was recently murdered was HIV positive. Normally,
> HIV status is sensitive personal information that would not be disclosed.
> Which begs the question, what should happen to personal data on the death
> of a person? Should we treat data as property that is transferred during
> succession or should anyone with a legitimate interest be able to access
> it? Should data processors/controllers have to delete such data?
>
> Is this something that should be addressed in the proposed law or should
> we wait for judicial interpretation?
>
>
> --
> Grace Mutung'u
> Skype: gracebomu
> @Bomu
> PGP ID : 0x33A3450F
>
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