[kictanet] Hustler Fund and the data protection implications

Alex Watila awatila at gmail.com
Fri Dec 2 05:29:35 EAT 2022


a news article on what they are using the mpesa pin for


The PIN is required to authenticate the owner of the Hustler Fund account
where the loan will be disbursed.
https://www.the-star.co.ke/news/realtime/2022-12-01-why-m-pesa-pin-is-required-to-access-hustler-fund-loan/


On Thu, Dec 1, 2022, 17:53 Alex Watila <awatila at gmail.com> wrote:

> probably poor capacity planning.
>
> maybe they exhausted the number of bulk SMSes they ordered
>
> media is reporting that 1.14 million Kenyans registered (they would have
> had to have ordered bulk smses in excess of that) and so far KES 408
> Million has been disbursed
>
> I don't think they are charging on the client side (it looks toll-free and
> is not even eaten by fuliza) - it was probably part of the agreement that
> the government had with the providers that wanted to be part of the fund
>
> Regards,
>
> On Thu, Dec 1, 2022 at 5:29 PM <rapudohawi at kijijiyeetu.co.ke> wrote:
>
>> Listers,
>>
>>
>>
>> I just tried in the morning to register through *254# which accepted and
>> indicated that they will respond after 2 hours. Now in the evening, there
>> is no response.
>>
>>
>>
>> Data infringement is on the loose; were my data rights accessed? The cost
>> for the process is Kshs 10; if 1 million tried the process and are waiting.
>> Who benefits from the revenue generated by the SMS?
>>
>>
>>
>>
>>
>> *Rapudo Hawi | **Team Lead **|** Director*
>>
>> +254(0) 720975498 | www.kijijiyeetu.co.ke
>>
>> Catholic Nurses Association- Diani Rd, Nairobi
>>
>>
>>
>>
>>
>> *From:* KICTANet <kictanet-bounces+rapudohawi=
>> kijijiyeetu.co.ke at lists.kictanet.or.ke> *On Behalf Of *Victor Kapiyo via
>> KICTANet
>> *Sent:* Thursday, December 1, 2022 5:08 PM
>> *To:* rapudohawi at kijijiyeetu.co.ke
>> *Cc:* Victor Kapiyo <vkapiyo at gmail.com>; Alex Watila <awatila at gmail.com>
>> *Subject:* Re: [kictanet] Hustler Fund and the data protection
>> implications
>>
>>
>>
>> I tried to get the terms and conditions from the link given on mobile and
>> something else showed up.
>>
>>
>>
>> On Thu, 1 Dec 2022, 16:44 Walubengo J via KICTANet, <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> @ Alex,
>>
>>
>>
>> I am still stuck on this statement:
>>
>>
>>
>> >>>i am still not convinced a citizen can demand privacy from the
>> government since the basics of government >>>is that citizens ceded private
>> rights in return for the public good (Hobbes theory of government)
>>
>>
>>
>> I don't know who 'Hobbes' is or was but please avoid him or her ;-)
>>
>>
>>
>> Your right to privacy is baked into your 2010 Constitution and even the
>> government should not take it away. Emphasis is of course on 'should not' -
>> the fact that most governments regularly do and  violate citizen privacy
>> should never, ever be normalized.
>>
>>
>>
>> walu
>>
>> --
>>
>> On Thursday, December 1, 2022 at 11:31:57 AM GMT+3, Alex Watila via
>> KICTANet <kictanet at lists.kictanet.or.ke> wrote:
>>
>>
>>
>>
>>
>> in terms of data privacy the government has legitimate right to access
>> your information since you require them to provide you with services
>>
>>
>>
>> i am still not convinced a citizen can demand privacy from the government
>> since the basics of government is that citizens ceded private rights in
>> return for public good (Hobbes theory of government)
>>
>>
>>
>> in terms of mpesa pin i doubt it leaves mpesa. GoK is just using an
>> existing platform (shared services concept we have been pushing) to deliver
>> a public good
>>
>>
>>
>> On Thu, Dec 1, 2022, 10:20 tevin mwenda via KICTANet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>> Dear listers,
>>
>>
>>
>> The Kenyan Government launched the much hyped hustler fund a digital
>> lending platform. Credit will be accessible through various lending
>> platforms such as M-PESA. Out of curiosity I can not help but wonder what
>> are the data protection implications of the system. For example what data
>> will be used as baseline to determine your credit worthiness. Is it data
>> held by government, credit reference bureaus, the lending companies or we
>> are starting from scratch ? Who will be the main data controller of the
>> data collected is it government is it the companies. If it’s the government
>> how much data will they have on Kenya and their credit worthiness and what
>> are the implications of that. Who will store this data? Are their any data
>> sharing agreements in place between the entities involved. What data
>> subject rights have been provided and does the consumer understand them? It
>> will be intresting to see how this develops and the discussion from a data
>> protection perspective.
>>
>>
>>
>>
>> https://nation.africa/kenya/news/game-changer-president-unveils-hustler-fund-today-4037806
>>
>>
>>
>> --
>>
>> Kind Regards
>>
>>
>>
>> Tevin Mwenda Gitonga
>>
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>> KICTANet is a multi-stakeholder Think Tank for people and institutions
>> interested and involved in ICT policy and regulation. KICTANet is a
>> catalyst for reform in the Information and Communication Technology sector.
>> Its work is guided by four pillars of Policy Advocacy, Capacity Building,
>> Research, and Stakeholder Engagement.
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