IGF Week Day 1 Discussion – Data Governance

Dear Rosemary,

Many thanks for kIckstarting this conversation as we discuss one Kenya, one
net and one vision. My humble opinion is that we should look at ways of
making the Data Governance conversation less elitist that it currently is.
Lets face it, data is the new oil and grease for the Kenyan Economy and the
conversation around its governance needs to be given prominence as the big
four agenda. If we don’t pay attention, data governance related issues
might contribute to the next digital divide. This morning i shared details
of a conversation i had with an Uber driver over the weekend at the
fourth edition of the Kenya School of internet Governance (see Kigf.or.ke
or Hashtagkesig2019 for more details). He raised weighty issues that i felt
deserve attention from the Parliamentary Committee on ICT and Innovation
and other arms of Government. In his opinion, they are being reaped off by
multinationals using technology. To quote him, when they signed up as Uber
drivers , the prices were competitive and made business sense which led
them to acquire loans and purchase vehicles with a hope of making a return
on their investment. However once Uber gained the numbers and started
making profits, they started reducing the prices to a point that does not
make business sense for the drivers unless they put in long hours which
jeopardise their lives and the lives of the passengers they carry. Enter
General Data Protection Regulation and they started getting passengers who
only identify themselves as (Y). End results 100 vehicles lost and 40
drivers dead. When they tried to take legal action, they were advised that
the passenger belongs to the driver and not Uber. He felt sad that they had
to carry passengers yet they did not know any details about them because of
Data Governance issues.
In a restaurant yesterday, i was advised that i could only pay my bill via
mpesa. After paying the waiter requested to have a looked at the mpesa code
that i received after paying, a situation that enabled her to know my mpesa
balance and other information that was not related to the transaction. One
of my colleagues wondered why she had to read my messages and tied it to
supermarkets which force you to say your number aloud after using lipa na
mpesa allowing everyone on the line to know your number whether you like it
or not. I am using this two scenarios to demonstrate how the data
governance conversation must find a place amongst the big four agenda

I will be back

Best Regards

On Mon, Jul 29, 2019 at 7:51 AM Rosemary Koech-Kimwatu via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

> Good morning listers,
> As we gear for this year’s Kenya Internet Governance Forum
> the Multistakeholder Advisory Group (MAG) would like to welcome you to a
> series of discussions derived from this year’s theme, One Kenya. One Net.
> One Vision.
> This years’ first sub theme is Data Governance. Over the years players in
> the internet governance space have gained an appreciation of the need to be
> more vigilant in regards to the use of data are aware of their rights as
> both data providers and consumers. We would appreciate your thoughts on
> the following:-
> 1. What is your view on the fundamental challenge of ensuring the
> benefits of the data revolution to contribute to inclusive economic
> development while protecting the rights of people?
> 2. The global nature of the Internet and the transfer of digital
> information across borders brings an international dimension to discussions
> around data. The generation, collection, storage, transfer and processing
> of data (including personally identifiable data) have enabled new social,
> cultural, and economic opportunities than ever previously imagined. At the
> same time, the massive collection, transfer and processing of data (in
> particular through the application of algorithms/AI/machine learning) by
> public as well as private entities pose challenges around privacy, freedom
> of expression and the exercise of other human rights. Today in Kenya
> there are two pieces of legislation on Data Protection in both houses of
> parliament. What are your thoughts on our interactions with data in light
> of the above mentioned dynamics?
> 3. Data and human rights are today intertwined, would you consider as the best
> approaches to ensure the development of human-centric data governance
> frameworks at national, regional and international levels. How can we
> support and operationalize the exercise of human rights and the empowerment
> of individuals in their digital identity in current uses and the
> development of data-drivent technologies?
> 4. Kindly give consideration on how conditions needed to facilitate
> data-driven innovation can be created, to ensure competition, and to foster
> trust in the development of services and new technologies, including
> through the use of inclusive data and the fulfillment of the UN’s 2030
> Agenda for Sustainable Development.
> We look forward to hearing from you.
> Rosemary Koech-Kimwatu
> Advocate
> Legal and Regulatory Specialist- Oxygene MCL
> Tel: +254 718 181644
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