[kictanet] KRA in plan to snoop on your WhatsApp chats

Wed May 11 14:35:16 EAT 2022

I think the clincher may be in the first part  of Section 51, " Nothing in
this Part shall exempt any data controller or data processor from complying
with data protection principles relating to lawful processing, minimization
of collection, data quality, and *adopting security safeguards to protect
personal data*."

I stand ready to be guided but I believe that the point of the DPIA is to
ultimately introduce security safeguards on the use of the said data. The
concept defies exemption in my view. Or maybe the question should be how do
you develop adequate safeguards without conducting a Data Protection Impact
Assessment? In the Huduma Number case
<http://kenyalaw.org/caselaw/cases/view/220495/> , the court was emphatic
that the Government has to conduct a DPIA for such large-scale data
collection. So does KRA.

On Wed, May 11, 2022 at 1:33 PM Mutindi Muema via KICTANet <
kictanet at lists.kictanet.or.ke> wrote:
>
> Let me just laugh 🤣🤣🤣 so may angles to this. So much to unpack in so
many ways.
>
> For now only one comment-
> I think this will be under the exemptions under the Act you know
wonderful s51- public interest, national security, disclosure required
under any written law (including tax laws) etc....
> Exemption from provisions of the Act  would include exemption from DPIA
requirement.
>
> On Wed, 11 May 2022, 11:11 Kukubo Masibo via KICTANet, <
kictanet at lists.kictanet.or.ke> wrote:
>>
>> As usual, the government with its high-handed handling of citizens and
their data.
>>
>> There is a high chance that no Data Protection Impact Assessment was
done, despite how invasive, self-serving, and short-sighted this data
extraction is.
>>
>> This will be challenged in Court and it will fail. The Office of the
Data Protection Commissioner needs to step up and play an advisory role to
government commissions and agencies. This ignorance and disregard for the
law is embarrassing and concerning.
>>
>> Kind regards
>>
>> On Wed, May 11, 2022 at 10:02 AM Victor Kapiyo via KICTANet <
kictanet at lists.kictanet.or.ke> wrote:
>>>
>>> The Kenya Revenue Authority (KRA) is setting up an advanced forensic
laboratory that will allow it to mine data, including hidden accounts and
records, from taxpayers’ computers and mobile phones to detect tax and
financial fraud.
>>>
>>> The move by the taxman’s newly formed intelligence management division
comes amid a strong shift to online transactions and electronic
record-keeping by businesses as opposed to the traditional paper-based
accounting systems.
>>>
>>>
https://nation.africa/kenya/business/kra-in-plan-to-snoop-on-your-whatsapp-chats-3811392
>>>
>>> Happy to have your thoughts on this development.
>>>
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>>
>>
>>
>> --
>> Meshack K Masibo,
>> Writer|Noisemaker|Lawyer
>> Affiliated to KICTANet.
>> masibolaw.co.ke
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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.
>>
>> 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.
>>
>> KICTANet - The Power of Communities, is Kenya's premier ICT policy
engagement platform.
>
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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.
>
> 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.
>
> KICTANet - The Power of Communities, is Kenya's premier ICT policy
engagement platform.
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