Day 7: Policy and Regulatory Framework on Privacy and Data Protection- Exemptions

Thank you @Walu for the article that quite simply explains the proposed
law. When you said three key actors in the introduction, I was waiting to
hear more about the commissioner and maybe why the taskforce chose this
model as opposed to anchoring enforcement within existing frameworks.
And while you are here, there have been questions about the process- is
this a different bill from the Senate one and why didn’t we just have one?
What process will the draft bill go through after we give our input? Are
the bills going to be married at some point?

@Riva , you make an important point about specifying what research means
and which types of research are exempt. This is definitely important in
avoiding a scenario where data processors keep data for longer than
necessary for market or other research. In any case, there should be clear
conditions for keeping data for research.

Listers, thank you very much for your contributions. Tomorrow we shall
share key issues raised during these two weeks and open the floor for any
outstanding ones.

Good night,

Il giorno gio 30 ago 2018 alle ore 14:52 Riva Jalipa via kictanet <
kictanet@lists.kictanet.or.ke> ha scritto:

> Hi GB,
>
> Thanks for facilitating. Perhaps there should/ could be clarity on what is
> meant by research and whether all kinds of research deserve exemptions.
>
> On Thu, 30 Aug 2018 13:30 Walubengo J via kictanet, <
> kictanet@lists.kictanet.or.ke> wrote:
>
>> Thnx GB and Mercy for keeping the discussion running.
>>
>> I will not directly respond since am an ‘interested’ party 😉
>>
>> However, I just wanted to share my take/overview of the bill in an effort
>> to see if Listers can have the bigger picture and possibly send in more
>> comments – belated or otherwise. Just ensure you pick the correct subject
>> line (Day 1, 2, 3 etc) and submit your ideas.
>>
>> Here is my overview.
>>
>> WALUBENGO: Data Protection Bill is finally out – The key
>> <www.nation.co.ke/oped/blogs/dot9/walubengo/Data-Protection-Bill-is-finally-out—The-key-principles/2274560-4731156-1176oukz/index.html>
>>
>> WALUBENGO: Data Protection Bill is finally out – The key
>>
>> Data controllers determine the purpose for and the manner in which the
>> data collected on citizens is processed.
>>
>> <www.nation.co.ke/oped/blogs/dot9/walubengo/Data-Protection-Bill-is-finally-out—The-key-principles/2274560-4731156-1176oukz/index.html>
>>
>>
>> walu
>>
>> On Thursday, August 30, 2018, 9:32:03 AM GMT+3, Grace Bomu via kictanet <
>> kictanet@lists.kictanet.or.ke> wrote:
>>
>>
>> Good morning listers,
>> Today we look at other issues in the draft bill that we missed during the
>> discussions.
>>
>> One is the question of exemptions, which are provided for in part vii.
>> The grounds listed for exemption from the provisions of the Act are:
>> national security and public order concerns, lawful disclosure, prevention
>> of crimes, apprehension or prosecution of an offender and assessment or
>> collection of tax. Interestingly, the draft empowers the cabinet secretary
>> to determine national security and public order concerns. (clause 47(3))
>>
>> Journalism, literature and the arts are also exempted from the principles
>> of data protection. Where a publication is in public interest, the
>> publisher is only required to comply with the relevant code of ethics.
>> Processing and further processing for research, history and statistical
>> purposes is also exempted from the principle of collecting data for a
>> specified purpose. Although the proposed law gives a safeguard through the
>> principle that data must eventually be destroyed, it does not give
>> guidelines on time periods – it states that research data may not be kept
>> indefinitely. Again, the CS is empowered to prescribe further instances
>> when data may be exempted from provisions of the law (clause 50)
>>
>> Finally listers, there are general exemptions in clause 2 of the bill.
>> The law will not apply to sharing of information among government
>> departments/ public sector agencies or to processing by an individual for
>> purely personal business (this is the personal phonebook exemption)
>>
>> Part of public reaction to this draft was that the bill gives with one
>> hand and takes away with the other. Is this an exaggerated view and if so,
>> how can this be cured in the draft? Are there other ways of dealing with
>> the concerns raised in the exemptions (eg national security) without taking
>> away data subject rights? Ultimately, should any data processor/controller
>> be exempt from protecting data?
>> Also, are there other useful exemptions that we are missing?
>>
>> Please share your thoughts on this issue and any other issue from the
>> draft bill.
>>
>>
>> —
>> Grace Mutung’u
>> Skype: gracebomu
>> @Bomu
>> PGP ID : 0x33A3450F
>>
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