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

Thank you so much Barrack for the insights. Well received and noted.

On Thu, 2 May 2024 at 23:47, Barrack Otieno <barrack@kictanet.or.ke> wrote:

> 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.*
>>> >
>>> >
>>>
>>>