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

[Thomas Kaberi]

Thanks  Grace for bringing  this up.

I think we can borrow from the financial  laws as to how to handle the
rights of accessories and handling of data as personal property.

However we have to  consider the following:

That data is not  a drainable asset.


That currency is a key value aspect  of data and thus immediate access  may
be of interest to some parties. E.g. health practitioners,

Given the interconnectedness value of data, preservation and exposure of
the same may have impact in other parties  I. E.  Close relations.

On Sep 12, 2018 11:58 PM, "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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