Day 4: Policy and Regulatory Framework on Privacy and Data Protection- Data Controllers and Processors

Grace,

In the 90’s came across a colonial law firm in Kenya with proper computing
infrastructure.. that is legit software + servers. Factoring the higher
costs then, they had probably invested over KES 3 mln (at the current
USD/KES rate). That was my first and last encounter with a a law firm
properly invested in a server (or network storage) in Kenya. If more
lawyers invested in entry servers/storage + legit software (about KES
300,000 for up to 5 users) they would have an idea of how much talent we
have locally. All the information to manage data centers is available
online. It is our business environment which is more of an problem. Imagine
having to rely on transformers supplied by Kenya Power ):

On Mon, Aug 27, 2018 at 11:46 PM Grace Bomu <nmutungu@gmail.com> wrote:

> Muraya,
> I hear you on having a real data economy with local data centres. But let
> me play the devil’s advovate and ask, do we have the capacity to store all
> local data locally? In this era of cloud services, can we isolate ourselves
> from global giants such as AWS?
>
> On lawyers, this is a rare law where there are no commissions hence no Law
> Society of Kenya representative. Also, data processors and controllers are
> encouraged to have a data protection officer to advise them on compliance.
> Your recommendation on a CIO is noted.
>
> Thank you for these insights.
>
>
> Il lunedì 27 agosto 2018, S.M. Muraya via kictanet <
> kictanet@lists.kictanet.or.ke> ha scritto:
>
>> Grace, et al,
>>
>> Data residency + sovereignty is most relevant here.
>>
>> IT + Information professionals cannot honestly affirm or swear on oath
>> about decency of the physical environment data (storage/servers) occupy if
>> they cannot (physically) access the same. We know how welcome (dark)
>> Africans are in the EU (+UK) where multi national data centers serving our
>> region are usually situated.
>>
>> (i) How do we evaluate data centers in localities where Africans must beg
>> (pay) for visas to visit?
>> (ii) How do our Courts summon EU/UK residents/citizens “protecting” our
>> data in their localities?
>> (iii) How do we prosecute EU residents/citizens handing over our data to
>> their relevant authorities?
>>
>> In short, the data processors and controllers should be subject to Kenya
>> residency and laws especially if our data (backups) resides outside our
>> borders.
>>
>> While at it, why not use this Data Protection Bill to define some Chief
>> Information Officer (CIO) roles?
>>
>> The GDPR separates the role of the CIO and the DPO and in reality they
>> cannot really exist without consulting each other.
>>
>> The CIO role is wider than data protection. It also includes Access to
>> Information (ACT should include/define other CIO roles).
>>
>>
>> enterprisersproject.com/article/2018/3/gdpr-confusion-it-puzzled-over-data-protection-officer-role
>>
>>
>> www.computerweekly.com/opinion/GDPR-for-the-CIO-Data-protection-is-about-more-than-GDPR-compliance
>>
>>
>> We MUST end the business/fraud of lawyers being paid more (to launder
>> funds) than is allocated to IT projects increasing transparency and
>> security in our communities and society.
>>
>>
>> On Mon, Aug 27, 2018 at 9:33 AM Grace Bomu via kictanet <
>> kictanet@lists.kictanet.or.ke> wrote:
>>
>>> Good morning listers!
>>> Welcome to data protection bill/policy discussions. Last week, we went
>>> through the principles of data protection and rights of data subjects. We
>>> covered the right to privacy in its different forms including the right to
>>> be forgotten and consent.
>>> Today, we shift gears a bit and consider the issue of data protection
>>> from the point of the *processor and controller*. The bill defines a
>>> controller as one who designs data processing and the processor as one who
>>> collects, stores, retrieves , discloses, erases etc on behalf of a
>>> controller.
>>>
>>> General obligations for controllers and processors are listed in part IV
>>> and they include upholding the principles of data protection, protecting
>>> the rights of the data subject, duty to notify the subject about processing
>>> and breaches, acquisition of consent and security safeguards as regards
>>> personal data. It would be interesting to hear from data controllers and
>>> processors, views on:
>>>
>>> 1. restrictions on processing personal data (clause 30) where
>>> processors may not process data objected by the data subject or which has
>>> legal claims.What are the practical implications of restrictions? For
>>> example, if one company or government agency received a large number of
>>> objections in one period?
>>> 2. the protection of data subjects from profiling (clause 31).
>>> While we have seen negative effects of profiling during the political
>>> season, are there positives of profiling that could benefit the data
>>> subject and does this bill adequately balance both ends?
>>> 3. the bill makes it mandatory to notify data subjects in case of
>>> breach. How will this change sectors such as banking where issues of data
>>> breaches are never discussed with customers or the public in order to
>>> protect the confidence of the industry?
>>> 4. Finally, on the issue of sensitive personal data, which is
>>> subject to higher protection. Sensitive personal data includes person’s
>>> race, health status, ethnic social origin, political opinion, belief,
>>> personal preferences, location, genetic data, biometrics, sex life or
>>> sexual orientation. What are the practical implications for existing data
>>> sets held by for instance the registrar of persons, universities, schools,
>>> insurance companies etc? Is the list proposed by the bill exhaustive? The
>>> Senate bill for example defines categories such as trade union membership
>>> as sensitive data.
>>>
>>>
>>> Welcome to the discussion. Please point out any issues in the bill that
>>> are either very good and should be retained or problematic and should be
>>> improved. Tujadiliane.
>>>
>>>
>>>
>>> —
>>> Grace Mutung’u
>>> Skype: gracebomu
>>> @Bomu
>>> PGP ID : 0x33A3450F
>>>
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>>
>>
>> —
>> SMM
>>
>> *”Better a patient person than a warrior, one with self-control than one
>> who takes a city.” Prov 16:32*
>>
>
>
> —
> Grace Mutung’u
> Skype: gracebomu
> @Bomu
> PGP ID : 0x33A3450F
>
>
>

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