Request for Feedback: 5-Year Reflections on Kenya’s Data Protection Act.

On Thu, 2 May 2024, 13:26 Mildred Achoch via KICTANet, <
[email protected]> wrote:

> Thank you for this opportunity to contribute. Regarding the AI aspect,
> there should be some policies regarding the use of data that will train AI.
> For example, in the case of local languages, which data will be used? If
> data by local language content creators is used, will they be compensated?
> Also, regarding the gender aspect, I don’t have the exact statistics but I
> think there are more Kenyan males than females online, meaning the data and
> information produced may be gender biased. Last year, there was an online
> “Afro-Feminist Perspectives on Data Governance” session that touched on
> these issues. CIPESA presented on “Advancing Data Justice in Africa” – the
> 6 pillars of data justice were particularly insightful: power, equity,
> access, identity, participation and knowledge.
>
> Regards,
> Mildred.
>
> On Thursday, May 2, 2024, Barrack Otieno via KICTANet <
> [email protected]> wrote:
>
>> Dear Linda,
>>
>> Many thanks for the good work. My quick comments
>>
>> 1. There is increasing awareness on the need to protect personally
>> identifiable information. . I attended a Public event on Friday in Kisumu
>> and had to give consent for my photos to be taken.
>> 2. Regarding the fines, i think they should be reconsidered. During the
>> National Summit of Community Networks at Akala in Siaya County, i wondered
>> allowed what would happen if Akala Primary School was in breach. This is
>> due to the fact that sometimes students have to bring in Firewood or other
>> services in exchange for Financial considerations that enable them to
>> learn. We need to think about such scenarios.
>> 3. During the same summit, the County Security Commitee was pleasantly
>> surprised with what is happening at the data protection front. We were
>> fortunate to have the ODPC lead in the Kisumu Office Mr. Wandera who
>> engaged them and agreed on the next steps with respect to awareness
>> creation. This shows that there is a great need of awareness to be created
>> before we can start emphasizing on punitive actions as a deterrent. To
>> quote the Prime Cabinet Secretary during the Connected Africa Summit last
>> week, we should not run too fast and leave the ball behind as we are
>> accustomed to.
>> 4. With respect to Technology, AI can help especially using local
>> languages to create more awareness (pin yako siri yako kind of approach).
>>
>> Thank you
>>
>> On Thu, May 2, 2024 at 8:17 AM Linda Wairure via KICTANet <
>> [email protected]> wrote:
>>
>>> *Day 4: **Data Subject Rights, Emerging Issues and Best Practices.*
>>>
>>> *Dear Listers,*
>>>
>>> Thank you for providing your expert insights and feedback regarding the
>>> suggested alterations and recommendations concerning the legal framework
>>> for data protection. Please review the attached document to confirm that
>>> all of your perspectives of prior discussions have been incorporated. Your
>>> contribution is greatly appreciated.
>>>
>>> Day 4 of our discussion will center on *data subject rights, emerging
>>> issues *and *best practices*. We invite you to share your insights
>>> and reflections on the following questions:
>>>
>>> 1. *Have you experienced any changes in the way
>>> state/non-state organizations handle your personal data since the
>>> implementation of the Data Protection Act, 2019?*
>>>
>>> 2. * What are some international best practices or benchmarks
>>> in data protection regulation and enforcement that the ODPC should consider
>>> emulating?*
>>>
>>> 3. * What recent technological advancement or practice do you
>>> believe presents the greatest data protection and privacy opportunity in
>>> Kenya?*
>>>
>>> Your expertise and input are essential in this endeavor, and we value
>>> your contribution to this vital conversation.
>>>
>>> Please feel free to respond directly to this email with your insights.
>>> Alternatively, you can reach out to Linda Gichohi (
>>> [email protected] ) if you have any questions or additional
>>> comments.
>>>
>>> Thank you for your time and consideration.
>>>
>>> We look forward to your participation.
>>>
>>>
>>>
>>> Kind regards,
>>>
>>> Linda Gichohi.
>>>
>>> *Kenya ICT Action Network.*
>>>
>>>
>>>
>>> On Mon, 29 Apr 2024 at 20:30, Linda Wairure <[email protected]>
>>> wrote:
>>>
>>>> *B.* *Day 2: Data Controllers & Processors *
>>>>
>>>> *Dear Listers,*
>>>>
>>>> Thank you for providing your expert insights and feedback regarding the
>>>> suggested alterations and recommendations concerning the legal framework
>>>> for data protection. Please review the attached document to confirm that
>>>> all of your perspectives of yesterday’s discussion have been incorporated.
>>>> Your contribution is greatly appreciated.
>>>>
>>>> *Day 2* of our discussion will center on *data controllers and data
>>>> processors*. We invite you to share your insights and reflections on
>>>> the following questions:
>>>>
>>>> 1. *In your opinion, what has been the key impact
>>>> (positive/negative) of the Data Protection Act, 2019, on state and private
>>>> entities’ organizational policies, procedures, practices, and compliance
>>>> levels from 2020 to date?*
>>>> 2. *Poll: **Do you believe that the penalties imposed on
>>>> organizations for data breaches or non-compliance are sufficient to deter
>>>> future violations?*
>>>> <www.livepolls.app/result/6622dd8c0d1d3f4c690d6c01>
>>>>
>>>> Your expertise and input are essential in this endeavor, and we value
>>>> your contribution to this vital conversation.
>>>>
>>>> Please feel free to respond directly to this email with your insights.
>>>> Alternatively, you can reach out to Linda Gichohi (
>>>> [email protected] ) if you have any questions or additional
>>>> comments.
>>>>
>>>> Thank you for your time and consideration.
>>>>
>>>> We look forward to your participation.
>>>>
>>>>
>>>>
>>>> Kind regards,
>>>>
>>>> Linda Gichohi.
>>>>
>>>> *Kenya ICT Action Network.*
>>>>
>>>> On Sun, 28 Apr 2024 at 22:03, Linda Wairure <[email protected]>
>>>> wrote:
>>>>
>>>>> *A. **Day 1: Legal Framework on Data Protection*
>>>>>
>>>>>
>>>>> Day 1 of our discussion will center on the Legal framework surrounding
>>>>> Data Protection. We invite you to share your insights and reflections on
>>>>> the following questions:
>>>>>
>>>>> 1. *What areas of Kenya’s legal and policy framework on data
>>>>> protection require improvement or updating? Please provide supporting
>>>>> justification/rationale.*
>>>>> 2. *Please provide three (3) recommendations for amendments to the
>>>>> Data Protection Act, and its attendant regulations.*
>>>>>
>>>>> Your expertise and input are essential in this endeavor, and we value
>>>>> your contribution to this vital conversation.
>>>>>
>>>>> Please feel free to respond directly to this email with your insights. Thank
>>>>> you for your time and consideration.
>>>>>
>>>>> We look forward to your participation.
>>>>>
>>>>>
>>>>> Kind regards,
>>>>>
>>>>> Linda Gichohi.
>>>>>
>>>>> * Kenya ICT Action Network.*
>>>>>
>>>>>
>>>>>
>>>>> On Fri, 26 Apr 2024 at 02:28, Linda Wairure <[email protected]>
>>>>> wrote:
>>>>>
>>>>>> Dear Listers,
>>>>>>
>>>>>> As part of our ongoing efforts to assess the effectiveness and impact
>>>>>> of Kenya’s Data Protection Act (2019) over the past five years and in
>>>>>> anticipation of the NADPA Conference being held from 7 – 9 May 2024, we are
>>>>>> reaching out to gather your valuable insights and reflections. To this end,
>>>>>> KICTANet will be moderating an online discussion on the KICTANet mailing
>>>>>> list from *Monday 29 April 2024 – Friday 3 May 2024.* We want to
>>>>>> draw special attention to the contributions of the Data Governance and
>>>>>> Emerging Technologies Working Group on the ICT legislative reform process
>>>>>> and in particular the recommendations on data governance.
>>>>>>
>>>>>> To chart the progress, challenges, and considerations for the future
>>>>>> of data protection in Kenya, KICTANet shall be exploring the following
>>>>>> topics over the course of next week through targeted daily questions for
>>>>>> your reflections.
>>>>>>
>>>>>> *TOPICS:*
>>>>>>
>>>>>> *A. **Day 1: Legal Framework on Data Protection*
>>>>>>
>>>>>> *B. **Day 2: Data Controllers & Processors *
>>>>>>
>>>>>> *C. **Day 3: Data Subjects’ Rights*
>>>>>>
>>>>>> *D. **Day 4: Emerging Issues and Best Practices*
>>>>>>
>>>>>> *E. **Day 5: Recommendations and Shaping the
>>>>>> Future.*
>>>>>>
>>>>>> Please feel free to respond directly to this email with your
>>>>>> insights. Alternatively, you can reach out to Linda Gichohi (
>>>>>> [email protected]) if you have any questions or additional
>>>>>> comments.
>>>>>>
>>>>>> Thank you for your time and participation.
>>>>>>
>>>>>> Regards,
>>>>>>
>>>>>> *Linda Gichohi.*
>>>>>>
>>>>>> *Kenya ICT Action Network.*
>>>>>>
>>>>>