[kictanet] Any law governing CCTV management in Kenya?

Thu Jun 18 11:46:41 EAT 2020

Indeed the charge sheet may be faulty and such technicalities usually lead
to someone walking.

Several ways that pie can be sliced.

For instance, in the Data Protection Bill, the unlawful disclosure of
personal data in ways that it was not intended in section 58 makes the
person who recorded it liable, on conviction, to a fine not exceeding five
million or to a term of imprisonment for a period not exceeding five years
or both.

Of course, those in the security sphere can immediately tell that the
person who recorded and leaked the footage has flouted control room
etiquette e.g. having a recording device within the control room, carrying
data out of the control room, disclosing the procedures or the setup within
the control room, and many others. The organization running that control
room has a lot of education to impart to its controllers.

These are some of the facets of the Private Security Regulation Act is
attempting to streamline. However, much of the focus went to the arming of
the sentries and minimum wage.

With Regards.
Kenneth Simiyu.

On Thu, Jun 18, 2020 at 10:48 AM David Indeje via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Awatila,
>
> That is what it was meant to be, unfortunately, it is still alive and
> kicking.
>
> *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 Thu, 18 Jun 2020 at 10:42, <awatila at yahoo.co.uk> wrote:
>
>> my understanding is that cok 2010 invalidated the official secrets act
>>
>> ---
>> Sent from my mobile device
>>
>> On 18 Jun 2020 10:22, David Indeje via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> 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.
>>
>> 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.
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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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-- 

./ken
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