Hustler Fund and the data protection implications

Listers,

This podcast will be a good refresher to us:

Kenya’ Data protection law and why it matters you
https://youtu.be/hBzrK-yJo9s

On Fri, Dec 2, 2022, 5:30 AM Alex Watila via KICTANet <
[email protected]> wrote:

> a news article on what they are using the mpesa pin for
>
>
> The PIN is required to authenticate the owner of the Hustler Fund account
> where the loan will be disbursed.
> www.the-star.co.ke/news/realtime/2022-12-01-why-m-pesa-pin-is-required-to-access-hustler-fund-loan/
>
>
> On Thu, Dec 1, 2022, 17:53 Alex Watila <[email protected]> wrote:
>
>> probably poor capacity planning.
>>
>> maybe they exhausted the number of bulk SMSes they ordered
>>
>> media is reporting that 1.14 million Kenyans registered (they would have
>> had to have ordered bulk smses in excess of that) and so far KES 408
>> Million has been disbursed
>>
>> I don’t think they are charging on the client side (it looks toll-free
>> and is not even eaten by fuliza) – it was probably part of the agreement
>> that the government had with the providers that wanted to be part of the
>> fund
>>
>> Regards,
>>
>> On Thu, Dec 1, 2022 at 5:29 PM <[email protected]> wrote:
>>
>>> Listers,
>>>
>>>
>>>
>>> I just tried in the morning to register through *254# which accepted and
>>> indicated that they will respond after 2 hours. Now in the evening, there
>>> is no response.
>>>
>>>
>>>
>>> Data infringement is on the loose; were my data rights accessed? The
>>> cost for the process is Kshs 10; if 1 million tried the process and are
>>> waiting. Who benefits from the revenue generated by the SMS?
>>>
>>>
>>>
>>>
>>>
>>> *Rapudo Hawi | **Team Lead **|** Director*
>>>
>>> +254(0) 720975498 | www.kijijiyeetu.co.ke
>>>
>>> Catholic Nurses Association- Diani Rd, Nairobi
>>>
>>>
>>>
>>>
>>>
>>> *From:* KICTANet >>> [email protected]> *On Behalf Of *Victor Kapiyo
>>> via KICTANet
>>> *Sent:* Thursday, December 1, 2022 5:08 PM
>>> *To:* [email protected]
>>> *Cc:* Victor Kapiyo <[email protected]>; Alex Watila <[email protected]>
>>> *Subject:* Re: [kictanet] Hustler Fund and the data protection
>>> implications
>>>
>>>
>>>
>>> I tried to get the terms and conditions from the link given on mobile
>>> and something else showed up.
>>>
>>>
>>>
>>> On Thu, 1 Dec 2022, 16:44 Walubengo J via KICTANet, <
>>> [email protected]> wrote:
>>>
>>> @ Alex,
>>>
>>>
>>>
>>> I am still stuck on this statement:
>>>
>>>
>>>
>>> >>>i am still not convinced a citizen can demand privacy from the
>>> government since the basics of government >>>is that citizens ceded private
>>> rights in return for the public good (Hobbes theory of government)
>>>
>>>
>>>
>>> I don’t know who ‘Hobbes’ is or was but please avoid him or her 😉
>>>
>>>
>>>
>>> Your right to privacy is baked into your 2010 Constitution and even the
>>> government should not take it away. Emphasis is of course on ‘should not’ –
>>> the fact that most governments regularly do and violate citizen privacy
>>> should never, ever be normalized.
>>>
>>>
>>>
>>> walu
>>>
>>> —
>>>
>>> On Thursday, December 1, 2022 at 11:31:57 AM GMT+3, Alex Watila via
>>> KICTANet <[email protected]> wrote:
>>>
>>>
>>>
>>>
>>>
>>> in terms of data privacy the government has legitimate right to access
>>> your information since you require them to provide you with services
>>>
>>>
>>>
>>> i am still not convinced a citizen can demand privacy from the
>>> government since the basics of government is that citizens ceded private
>>> rights in return for public good (Hobbes theory of government)
>>>
>>>
>>>
>>> in terms of mpesa pin i doubt it leaves mpesa. GoK is just using an
>>> existing platform (shared services concept we have been pushing) to deliver
>>> a public good
>>>
>>>
>>>
>>> On Thu, Dec 1, 2022, 10:20 tevin mwenda via KICTANet <
>>> [email protected]> wrote:
>>>
>>> Dear listers,
>>>
>>>
>>>
>>> The Kenyan Government launched the much hyped hustler fund a digital
>>> lending platform. Credit will be accessible through various lending
>>> platforms such as M-PESA. Out of curiosity I can not help but wonder what
>>> are the data protection implications of the system. For example what data
>>> will be used as baseline to determine your credit worthiness. Is it data
>>> held by government, credit reference bureaus, the lending companies or we
>>> are starting from scratch ? Who will be the main data controller of the
>>> data collected is it government is it the companies. If it’s the government
>>> how much data will they have on Kenya and their credit worthiness and what
>>> are the implications of that. Who will store this data? Are their any data
>>> sharing agreements in place between the entities involved. What data
>>> subject rights have been provided and does the consumer understand them? It
>>> will be intresting to see how this develops and the discussion from a data
>>> protection perspective.
>>>
>>>
>>>
>>>
>>> nation.africa/kenya/news/game-changer-president-unveils-hustler-fund-today-4037806
>>>
>>>
>>>
>>> —
>>>
>>> Kind Regards
>>>
>>>
>>>
>>> Tevin Mwenda Gitonga
>>>
>>>