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

Dear Linda,

Many thanks for leading us to the last day. My quick sentiments

1. Governance. I think it might be too soon to start tinkering with the
Governance of the Office of the Data Protection Commissioner. The office
has just started working. Approximately 70 % of the country does not have
meaningfull access to digital products and services and as different
stakeholders work on bridging this gap between the haves and havenots,
patience is required. We should focus on supporting the office to establish
requisite structures that will serve every citizen.
2. Compliance and Enforcement: At this point, our focus as a country should
be to make sure the 70 % portion of the country that does not have
meaningful access to digital products and services is served. Public
institutions should be facilitators not stumbling block at the moment, we
are preaching to the converted. Compliance and enforcement always leads to
administrative burdens that are likely to affect the local industry. We
should not be driven by external pressure but should focus on our national
aspirations.
3. Key issues i would like the ODPC to focus on: 1. Awareness 2. Capacity
Building 3. Capacity Developement

Thank you

Best Regards

On Fri, May 3, 2024 at 9:15 AM Linda Wairure via KICTANet <
kictanet@lists.kictanet.or.ke> wrote:

> *Day 5: Shaping the Future and Recommendations.*
>
> *Dear Listers,*
>
> Welcome to the final day of our *5-year reflections on Kenya’s Data
> Protection Act* discussion. 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 from prior
> discussions have been incorporated. Your contribution is greatly
> appreciated.
>
> *Day 5* of our discussion will center on *Shaping the Future and
> Recommendations*. We invite you to share your insights and reflections on
> the following:
>
> 1. *I believe the following three (3) measures would greatly
> strengthen Kenya’s data protection environment:*
>
> a. *Governance Proposal*:
> __________________________________
>
> b. *Compliance Proposal: *
> __________________________________
>
> c. *Enforcement Proposal: *
> __________________________________
>
> *2. **Over the next three (3) years, I expect the
> Office of the Data Protection Commissioner to have addressed:*
>
> a. *Key Concern/Issue:*
> ________________________________
>
>
>
> 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 (lgichohi@kictanet.or.ke )
> 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 Thu, 2 May 2024 at 22:58, Benson Muite via KICTANet <
> kictanet@lists.kictanet.or.ke> wrote:
>
>> On 02/05/2024 13.24, Mildred Achoch via KICTANet 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?
>>
>> Many African languages are poorly resourced, some are also endangered.
>> Language data should be considered a public good as it can enable use of
>> AI in many settings. It does also enable easier surveillance of people
>> that use that language. There does not seem to be a government policy
>> for local languages – even materials for school curricular such as
>> standard texts and dictionaries are few. Use of local languages at
>> county level is probably the easiest place to start as there would be a
>> sufficient concentration of active language users. Languages do divide,
>> but they also enable diversity in culture and approaches to problem
>> solving. While the ODPC has a role to play, probably the main
>> governmental actor is the Ministry of Sports, Culture and National
>> Heritage. The greatest widespread use of local languages is on radio.
>>
>> >
>> > Regards,
>> > Mildred.
>> >
>> > On Thursday, May 2, 2024, Barrack Otieno via KICTANet
>> > <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>>
>> > wrote:
>> >
>> > 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
>> > <kictanet@lists.kictanet.or.ke
>> > <mailto:kictanet@lists.kictanet.or.ke>> 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
>> > (lgichohi@kictanet.or.ke <mailto:lgichohi@kictanet.or.ke> ) 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.*
>> >
>> >
>>
>>