[kictanet] law to start listing of Kenyans? DNA
Barrack Otieno
otieno.barrack at gmail.com
Thu Feb 14 08:19:28 EAT 2019
Dear Alice,
Many thanks for this update from Mozilla. There is need for wider
stakeholder engagement on this issue. While the government has a legitimate
concern which i presume is taming acts of terrorism, there is need for
wider consultations especially on the areas that contravene or appear to
contravene the constitution.
Thank you
Best Regards
On Wed, 13 Feb 2019 18:17 Alice Munyua via kictanet <
kictanet at lists.kictanet.or.ke wrote:
>
> https://blog.mozilla.org/netpolicy/2019/02/08/kenya-government-mandates-dna-linked-national-id-without-data-protection-law/
>
> Kenya Government mandates DNA-linked national ID, without data protection
> law
> Alice Munyua February 8, 2019
>
> No responses yet
> <https://blog.mozilla.org/netpolicy/2019/02/08/kenya-government-mandates-dna-linked-national-id-without-data-protection-law/#respond>
>
> Last month, the Kenya Parliament passed a seriously concerning amendment
> <http://kenyalaw.org/kl/fileadmin/pdfdownloads/AmendmentActs/2018/StatuteLawMischellaneousNo18of2018.pdf>
> to the country’s national ID law, making Kenya home to the most
> privacy-invasive national ID system in the world. The rebranded, National
> Integrated Identity Management System (NIIMS) now requires all Kenyans,
> immigrants, and refugees to turn over their DNA, GPS coordinates of their
> residential address, retina scans, iris pattern, voice waves, and earlobe
> geometry before being issued critical identification documents. NIIMS will
> consolidate information contained in other government agency databases and
> generate a unique identification number known as Huduma Namba.
>
> It is hard to see how this system comports with the right to privacy
> articulated in Article 31 of the Kenyan Constitution. It is deeply
> troubling that these amendments passed without public debate, and were
> approved even as a data protection bill which would designate DNA and
> biometrics as sensitive data is pending.
>
> Before these amendments, in order to issue the National ID Card (ID), the
> government only required name, date and place of birth, place of residence,
> and postal address. The ID card is a critical document that impacts
> everyday life,
> <https://www.khrc.or.ke/2015-03-04-10-37-01/blog/675-a-call-to-action-to-end-statelessness-in-kenya.html>
> without it, an individual cannot vote, purchase property, access higher
> education, obtain employment, access credit, or public health, among other
> fundamental rights.
>
> Mozilla strongly believes that that no digital ID system should be
> implemented without strong privacy and data protection legislation. The
> proposed Data Protection Bill of 2018 which Parliament is likely to
> consider next month, is a strong and thorough framework that contains
> provisions relating to data minimization as well as collection and purpose
> limitation. If NIIMS is implemented, it will be in conflict with these
> provisions, and more importantly in conflict with Article 31 of the
> Constitution, which specifically protects the right to privacy.
>
> Proponents
> <https://www.businessdailyafrica.com/analysis/ideas/Kenya-needs-unified-identity-registration/4259414-4846478-119h6iqz/index.html>
> of NIIMS claim that the system provides a number of benefits, such as
> accurate delivery of government services. These arguments also seem to
> conflate legal and digital identity. Legal ID used to certify one’s
> identity through basic data about one’s personhood (such as your name and
> the date and place of your birth) is a commendable goal. It is one of the
> United Nations Sustainable Development Goals 16.9
> <https://unstats.un.org/sdgs/metadata/?Text=&Goal=16&Target=16.9> that
> aims *“to provide legal identity for all, including birth registration by
> 2030”*. However, it is important to remember this objective can be met
> in several ways. “Digital ID” systems, and especially those that involve
> sensitive biometrics or DNA, are not a necessary means of verifying
> identity, and in practice raise significant privacy and security concerns.
> The choice of whether to opt for a digital ID let alone a biometric ID
> therefore should be closely scrutinized by governments in light of these
> risks, rather than uncritically accepted as beneficial.
>
> - *Security Concerns: The centralized nature of NIIMS creates massive
> security vulnerabilities. It could become a honeypot for malicious actors
> and identity thieves who can exploit other identifying information linked
> to stolen biometric data. The amendment is unclear on how the government
> will establish and institute strong security measures required for the
> protection of such a sensitive database. If there’s a breach, it’s not as
> if your DNA or retina can be reset like a password or token.*
> - *Surveillance Concerns: By centralizing a tremendous amount of
> sensitive data in a government database, NIIMS creates an opportunity for
> mass surveillance by the State. Not only is the collection of biometrics
> incredibly invasive, but gathering this data combined with transaction logs
> of where ID is used could substantially reduce anonymity. This is all the
> more worrying considering Kenya’s history of* *extralegal
> surveillance and intelligence sharing*
> <https://privacyinternational.org/sites/default/files/2017-10/track_capture_final.pdf>
> *.*
> - *Ethnic Discrimination Concerns: The collection of DNA is
> particularly concerning as this information can be used to identify an
> individual’s ethnic identity. Given Kenya’s history of **politicization
> of ethnic identity*
> <https://www.khrc.or.ke/publications/183-ethnicity-and-politicization-in-kenya/file.html>*,
> collecting this data in a centralized database like NIIMS could reproduce
> and exacerbate patterns of discrimination.*
>
> *The process was not constitutional*
>
> Kenya’s constitution requires public input before any new law can be
> adopted. No public discussions were conducted for this amendment. It was
> offered for parliamentary debate under “*Miscellaneous*” amendments,
> which exempted it from procedures and scrutiny that would have required
> introduction as a substantive bill and corresponding public debate. The
> Kenyan government must not implement this system without sufficient public
> debate and meaningful engagement to determine how such a system should be
> implemented if at all.
>
> The proposed law does not provide people with the opportunity to opt in or
> out of giving their sensitive and precise data. The Constitution requires
> that all Kenyans be granted identification. However, if an individual were
> to refuse to turn over their DNA or other sensitive information to the
> State, as they should have the right to do, they could risk not being
> issued their identity or citizenship documents. Such a denial would
> contravene Articles 12, 13, and 14 of the Constitution.
>
> Opting out of this system should not be used to discriminate or exclude
> any individual from accessing essential public services and exercising
> their fundamental rights.
>
> Individuals must be in full control of their digital identities with the
> right to object to processing and use and withdraw consent. These aspects
> of control and choice are essential to empowering individuals in the
> deployment of their digital identities. Therefore policy and technical
> decisions must take into account systems that allow individuals to identify
> themselves rather than the system identifying them.
>
> Mozilla urges the government of Kenya to suspend the implementation of
> NIIMS and we hope Kenyan members of parliament will act swiftly to pass the
> Data Protection Bill of 2018.
>
>
>
> On 23/01/2019 00:28, Gideon via kictanet wrote:
>
> Listers,
>
> Would this be a similar system like the India's Aadhaar which is said to
> be the world's largest biometric ID system? If so what lessons and
> drawbacks could be learned?
>
> Many issues would need to be addressed as a foundamental step, such
> include privacy, ethics, security of the said system, complementarity with
> the existing official databases e.t.c
>
> Regards
> GR
>
>
> On Tue, Jan 22, 2019 at 10:01 PM <kictanet-request at lists.kictanet.or.ke>
> wrote:
>
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>> 1. Re: law to start listing of Kenyans? DNA (Warigia Bowman)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Tue, 22 Jan 2019 12:58:59 -0600
>> From: Warigia Bowman <warigia at gmail.com>
>> To: gertrude matata <gertrudematata at yahoo.com>, KICTAnet ICT Policy
>> Discussions <kictanet at lists.kictanet.or.ke>
>> Subject: Re: [kictanet] law to start listing of Kenyans? DNA
>> Message-ID:
>> <
>> CACeY99TvKOX13-RtN1gjCi_sh4AF8jdnEkJTNHD6WMrFR9Pogg at mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> This is disturbing. I am quite sure that the US government does not have
>> the right to take DNA samples from citizens.
>>
>> Biometric data is not the same as DNA, rather it may include fingerprints
>> and eyescans. This is a move towards a surveillance state.
>>
>> On Tue, Jan 22, 2019 at 6:24 AM gertrude matata via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> > Dear Listers,
>> > The amendment to the Act seems to have ignored Article 31(c) of the
>> > Constitution. This being a constitutional issue, there is probably a
>> need
>> > to subject it to constitutional interpretation on;
>> > what was the intention of the article in providing that such
>> information
>> > should not be unnecessarily required or revealed;
>> > Whether such details being availed to persons registry clerks is
>> > defeating that intent;
>> > and whether the circumstances demand the "unnecessarily" revealed bar
>> > to be lifted.
>> > It is worthy to ponder the situation in terms of whether giving
>> > such information might not create inborn terror,
>> >
>> > Regards,
>> >
>> > Gertrude
>> >
>> >
>> > GERTRUDE MATATA
>> > HILLSIDE APARTMENTS
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>> > Mobile:0722-374109/0772327265
>> >
>> > Go to; https://themediatorkenya.wordpress.com/author/themediatorkenya/
>> >
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>> >
>> > On Tuesday, January 22, 2019, 2:14:05 PM GMT+3, Karanja Marigu via
>> > kictanet <kictanet at lists.kictanet.or.ke> wrote:
>> >
>> >
>> > This is a classical move that also was taken by USA after 911. What do
>> we
>> > expect next? Marshal law??
>> >
>> > Terrorism is not a justification to take away our privacy rights and
>> > collect data. What they will do with all that data, only God knows.
>> >
>> > Best Regards,
>> >
>> > Karanja Marigu,
>> >
>> > 'Purpose fuels passion'
>> >
>> >
>> > On Tue, 22 Jan 2019 at 09:10, Magdalene Kariuki via kictanet <
>> > kictanet at lists.kictanet.or.ke> wrote:
>> >
>> > Dear fellow listers,
>> >
>> > Happy New Year (albeit late).
>> >
>> > Thank you Grace for sharing this information.
>> >
>> > Just a few concerns about privacy of persons and the protection and use
>> of
>> > information.
>> >
>> > While I appreciate and understand the need for Government to address
>> > issues relating to threats to security (assuming that this is where the
>> > need for such kind of information stems from), what kind of guarantees
>> are
>> > there that ensure this information is not traded? What kind of data
>> > protection mechanisms are in place?
>> > or have these concerns already been raised and addressed in the new
>> > legislation?
>> >
>> > Regards,
>> >
>> > Magdalene
>> >
>> > On Mon, Jan 21, 2019 at 12:16 PM Grace Bomu via kictanet <
>> > kictanet at lists.kictanet.or.ke> wrote:
>> >
>> > Full story here
>> >
>> https://www.businessdailyafrica.com/economy/Uhuru-backs-law-change/3946234-4943254-s1fi2b/index.html
>> >
>> > Il giorno lun 21 gen 2019 alle ore 14:51 Grace Bomu <nmutungu at gmail.com
>> >
>> > ha scritto:
>> >
>> > Listers,
>> >
>> > The government is now free to collect data on Kenyans? DNA and physical
>> > location of their homes including satellite details during registration
>> of
>> > persons.
>> >
>> > This follows President Uhuru Kenyatta?s approval of amendments to the
>> > Registration of Persons Act that has included the two to the list of
>> > requirements needed at the national people?s registry.
>> >
>> > Adults applying for documents such as IDs will be required to provide
>> > additional information about their location, including land reference
>> > number, plot number or house number.
>> >
>> > The ministry is also seeking to introduce Global Positioning System
>> (GPS)
>> > coordinates in the registration of persons, enabling the tracking of
>> their
>> > location via satellite.
>> >
>> >
>> > More here
>> >
>> > --
>> > Grace Mutung'u
>> > Skype: gracebomu
>> > @Bomu
>> > PGP ID : 0x33A3450F
>> >
>> >
>> >
>> > --
>> > Grace Mutung'u
>> > Skype: gracebomu
>> > @Bomu
>> > PGP ID : 0x33A3450F
>> >
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