[kictanet] Which laws will need to be amended when data protection bill is passed?

Thu Sep 27 15:18:18 EAT 2018

Thomas,

How about one Information Commissioner with deputies enforcing different
laws/departments?

(i) Freedom of Information - to enable Access to Information
(ii) Data Protection - to ensure Privacy + work with the Kenya ICT
Authority to enforce Cyber security.

Link I posted previously mentions what different countries (such as
Australia and Germany) have done.

https://en.wikipedia.org/wiki/Information_commissioner

*Australia*

The Office of the Australian Information Commissioner (OAIC) has functions
> relating to freedom of information and privacy, as well as information
> policy. The Office of the Privacy Commissioner, which was the national
> privacy regulator, was integrated into the OAIC on 1 November 2010. There
> are three independent commissioners in the OAIC: the Australian Information
> Commissioner, the Freedom of Information Commissioner, and the Privacy
> Commissioner.

*Germany*

The Federal Commissioner for Data Protection and Freedom of Information
> (FfDF) is the federal commissioner not only for data protection but also
> (since commencement of the German Freedom of Information Act on January 1,
> 2006) for freedom of information.

On Thu, Sep 27, 2018 at 2:38 PM Thomas Kaberi <thomaskaberi at gmail.com>
wrote:

> Hi guys,
>
>  how about collapsing all the data/information stewardship rights  and
> obligations under one commission like the proposed commissioner in the
> right to access to  information act?
>
> This one may have conflicting roles and functions with the commissioner
> proposed in our amendments.
>
> Would it be more viable to have one commission for  all data,  information
> and related functions and responsibility so they are able to coherently
> impliment a balance of the conflicting interests under one roof?
>
> I think multiple bodies may just compete and create a longer and
> unpleasant  user journey  around information rights and obligations of both
> private  and public persons and institutions.
>
> On Wed, Sep 26, 2018, 6:44 PM S.M. Muraya via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Grace,
>>
>> Thanks for the update.
>>
>> Have we considered the term: Information Commissioner?
>>
>> https://en.wikipedia.org/wiki/Information_commissioner
>> The role of information commissioner differs from nation to nation. Most
>> commonly it is a title given to a government regulator in the fields of
>> freedom of information and the protection of personal data in the widest
>> sense. The office often functions as a specialist ombudsman service.
>>
>> Factoring our constitution expressly mentions Access to Information
>>
>>
>>
>> On Wed, Sep 26, 2018 at 6:19 PM Grace Bomu <nmutungu at gmail.com> wrote:
>>
>>> Thanks @BonnyM. Noted
>>>
>>> @S.M. Muraya <murigi.muraya at gmail.com>  it is a proposal to transfer
>>> the implementation of the access to information Act to  the data protection
>>> commissioner which is the institutional framework under the bill.
>>>
>>> ----------
>>> Access to Information Act (Act No 31 of 2016)
>>> 1. The Act is amended in section 2 by—
>>>
>>> (a) Inserting a the following new definition in appropriate
>>> chronological order
>>> “Data Commissioner” means a Data Protection Commissioner established
>>> under the Data Protection Act, 2018”
>>>
>>> (b)deleting the definition of the word “Commission”
>>>
>>> 2. The Act is amended by deleting the word "Commission" wherever it
>>> appears and substituting therefor the expression “Data
>>> Commissioner”
>>>
>>>
>>> Il giorno mer 26 set 2018 alle ore 18:03 S.M. Muraya via kictanet <
>>> kictanet at lists.kictanet.or.ke> ha scritto:
>>>
>>>> Grace,
>>>>
>>>> How/Why does the Access to Information act need to be reviewed? What
>>>> did the reviewers note?
>>>>
>>>> On Wed, Sep 26, 2018 at 4:57 PM Grace Bomu via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Dear listers,
>>>>> The above question follows another review of the proposed data
>>>>> protection bill that lists several laws which will require amendment when
>>>>> the law is enacted.
>>>>> For example the Registration of Persons Act (ID Card law) will need an
>>>>> additional provision on how data protection will apply to ID data. Other
>>>>>  laws listed include: Registration of Persons Act; Births and Deaths
>>>>> Act; Capital Markets Act; and Access to Information Act.
>>>>>
>>>>> Are there other laws that are missing from this list? Please let us
>>>>> know even where you are not sure of the precise name of the Act.
>>>>>
>>>>> Thanks in advance,
>>>>>
>>>>> Grace
>>>>>
>>>>>
>>>>> --
>>>>> Grace Mutung'u
>>>>> Skype: gracebomu
>>>>> @Bomu
>>>>> PGP ID : 0x33A3450F
>>>>>
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>>>>
>>>>
>>>> --
>>>> SMM
>>>>
>>>> *"Better a patient person than a warrior, one with self-control than
>>>> one who takes a city." Prov 16:32*
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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
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>>>>
>>>
>>>
>>> --
>>> Grace Mutung'u
>>> Skype: gracebomu
>>> @Bomu
>>> PGP ID : 0x33A3450F
>>>
>>>
>>
>> --
>> SMM
>>
>> *"Better a patient person than a warrior, one with self-control than one
>> who takes a city." Prov 16:32*
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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.
>>
>

-- 
SMM

*"Better a patient person than a warrior, one with self-control than one
who takes a city." Prov 16:32*
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