[kictanet] Any law governing CCTV management in Kenya?

[David Indeje]

Walu,

I get you. I have also learned that if the State uses the Official Secrets
Act 11 of 1968 especially section 3, the accused will be in hot soup more
than what the Data protection of Computer Misuse Act stipulates.

For instance:

Section 3 part 12:

  *Presumption concerning communication with agent of foreign power*

(1) On a prosecution for an offence under section 3 of this Act, the fact
that the accused person has been in communication with, or has attempted to
communicate with, an agent of a foreign power, whether within or outside
Kenya, shall be evidence that he has, for a purpose prejudicial to the
safety or interests of the Republic, obtained or attempted to obtain
information which is calculated to be or might be or is intended to be
directly or indirectly useful to a foreign power.

(2) For the purposes of subsection (1) of this section, but without
prejudice to the generality of that subsection, a person shall, unless he
proves the contrary, be deemed to have been in communication with an agent
of a foreign power if— (a) he has, either within or outside Kenya, visited
the address of an agent of a foreign power or consorted or associated with
such an agent; or (b) either within or outside Kenya, the name or address
of, or any other information regarding, such an agent has been found in his
possession, or has been supplied by him to any other person, or has been
obtained by him from any other person.

(3) Any address, whether within or outside Kenya, reasonably suspected of
being an address used for the receipt of communications intended for an
agent of a foreign power, or any address at which such an agent resides, or
to which he resorts for the purpose of giving or receiving communications,
or at which he carries on any business, shall be deemed to be the address
of an agent of a foreign power, and communications addressed to that
address to be communications with the agent.

*Kind Regards,*

*David Indeje *
 +254 (0) 711 385 945 |  +254 (0) 734 024 856

Website: Khusoko <https://khusoko.com/>

<https://www.linkedin.com/in/david-indeje/>
<https://twitter.com/David_Indeje>




On Wed, 17 Jun 2020 at 20:46, Walubengo J via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> True, the charge sheet is a bit faulty.  Claiming it was un-authorized
> access, the employer can contradict and claim otherwise i.e the employees
> had valid access to the footage.
>
> I think the charge sheet could have been framed better under the new Data
> Protection Act of 2019.
>
> The company & its employees violated the purpose limitation principle
> which states that data collected and processed for a particular legitimate
> purpose (e.g security surveillance) cannot be re-purposed and used for
> another agenda (e.g gossip, lighting up the internet, or reporting my
> movement to spouse ;-)
>
> A charge sheet based on data protection principle may have a higher chance
> of success and maybe better penalties.
>
> walu.
>
>
>
> On Wednesday, June 17, 2020, 03:07:34 PM GMT+3, Rawgee l.k via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>
> Hello David,
>
> This can be found in the Cyber Crime Act.
> Unless the charge sheet is amended otherwise. ( ''An authorized
> interception of a computer data contrary to section 17(1) of computer
> misuse and cybercrime act'' )
> On the contrary, someone said the ''employer'' can move down to the
> employment contract  on the do's and dont's.
>
> On Wed, Jun 17, 2020 at 12:17 PM David Indeje via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Dear Listers,
>
>
> https://www.k24tv.co.ke/news/it-officers-face-charges-for-leaking-footage-of-uhuru-raila-touring-cbd-at-night-22843/
> IT officers face charges for leaking footage of Uhuru, Raila touring CBD at
> night
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> 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.
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> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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