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

Fri Sep 28 18:39:59 EAT 2018

Muraya

That  makes a lot of sense.

The idea is to have some level of mandatory coordination and reference in
the implementation of the rights and responsibility of both citizen and
state in regards to  access,  protection and custody of data.

It is a matter of time before these roles and functions cross lines and
having them under one roof helps to iron the issues out more effectively.

On Thu, Sep 27, 2018, 3:18 PM S.M. Muraya <murigi.muraya at gmail.com> wrote:

> 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
>>>>>>
>>>>>> _______________________________________________
>>>>>> kictanet mailing list
>>>>>> kictanet at lists.kictanet.or.ke
>>>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>>>> Twitter: http://twitter.com/kictanet
>>>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>>
>>>>>> Unsubscribe or change your options at
>>>>>> https://lists.kictanet.or.ke/mailman/options/kictanet/murigi.muraya%40gmail.com
>>>>>>
>>>>>> 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*
>>>>> _______________________________________________
>>>>> kictanet mailing list
>>>>> kictanet at lists.kictanet.or.ke
>>>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>>> Twitter: http://twitter.com/kictanet
>>>>> Facebook: https://www.facebook.com/KICTANet/
>>>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>>>
>>>>> Unsubscribe or change your options at
>>>>> https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%40gmail.com
>>>>>
>>>>> 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.
>>>>>
>>>>
>>>>
>>>> --
>>>> 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*
>>> _______________________________________________
>>> kictanet mailing list
>>> kictanet at lists.kictanet.or.ke
>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> Twitter: http://twitter.com/kictanet
>>> Facebook: https://www.facebook.com/KICTANet/
>>> Domain Registration sponsored by www.eacdirectory.co.ke
>>>
>>> Unsubscribe or change your options at
>>> https://lists.kictanet.or.ke/mailman/options/kictanet/thomaskaberi%40gmail.com
>>>
>>> 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*
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20180928/e13dedf5/attachment.htm>