[kictanet] ​ law to start listing of Kenyans? DNA

pkamau at pwkamauadvocates.co.ke pkamau at pwkamauadvocates.co.ke
Thu Feb 14 12:02:50 EAT 2019


My thoughts on the NIIMS is we have to give the new move greater thought 
. I think we need to look to the case in India and the benefits of the 
Aadhaar system which is similar to the NIIMs and the general direction 
India took to open data in building the Indian Stack. Several cases were 
brought to challenge the Aadhaar on privacy issues and risk of 
government surveillance but courts in India have continued to hold that 
the public interest benefits  of the Aadhaar far much outweigh the 
privacy concerns and have allowed the Aadhaar to continue. In retrospect 
since Aadhaar was launched in 2009, they have managed to register 
majority of Indians and used it to build the Indian Stack.

Perhaps what we need is to recommend more structure and administrative 
safeguards for the NIIMS. In the long-term the NIIMS may be of greater 
benefit to us especially the potential that kid of data could play in 
innovation. We need to protect privacy but at the same time we need to 
thing strategically how better data can assist resolve issues and layer 
innovation for the general good.

I do agree the data protection bill must be past but beyond this, what 
is our overall goal if we were to have better data in a government 
platform that can be open, accessible like the Aadhaar and several API's 
can be built on that architecture to drive innovation?

Is it time to push more for Open Data in line with the Data Protection 
Bill?

Thanks,

Phyllis







On 2019-02-14 08:19, Barrack Otieno via kictanet wrote:
> 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 [1]
>> 
>> Last month, the Kenya Parliament passed a seriously concerning
>> amendment [2] 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, [3] 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 [4] 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 [5] 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 [6].
>> * 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 [7], 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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>> Today's Topics:
>> 
>> 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
>>> 4TH FLOOR, Apartments 11
>>> RAGATI ROAD,Opposite N.H.I.F
>>> NEAR CAPITOL HILL POLICE STATION
>>> P.O. Box 517-00517
>>> Nairobi
>>> Mobile:0722-374109/0772327265
>>> 
>>> Go to;
>> https://themediatorkenya.wordpress.com/author/themediatorkenya/
>>> 
>>> *DISCLAIMER*
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>>> represent those of GERTRUDE MATATA.
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>>> 
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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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> 
> Links:
> ------
> [1]
> https://blog.mozilla.org/netpolicy/2019/02/08/kenya-government-mandates-dna-linked-national-id-without-data-protection-law/#respond
> [2]
> http://kenyalaw.org/kl/fileadmin/pdfdownloads/AmendmentActs/2018/StatuteLawMischellaneousNo18of2018.pdf
> [3]
> https://www.khrc.or.ke/2015-03-04-10-37-01/blog/675-a-call-to-action-to-end-statelessness-in-kenya.html
> [4]
> https://www.businessdailyafrica.com/analysis/ideas/Kenya-needs-unified-identity-registration/4259414-4846478-119h6iqz/index.html
> [5] 
> https://unstats.un.org/sdgs/metadata/?Text=&Goal=16&Target=16.9
> [6]
> https://privacyinternational.org/sites/default/files/2017-10/track_capture_final.pdf
> [7]
> https://www.khrc.or.ke/publications/183-ethnicity-and-politicization-in-kenya/file.html
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