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

Thank you Barrack for the expert insights.
Indeed there is a need for more awareness and the use of AI in localizing
and bridging the language barriers hindrance. Well received and noted.

Kind Regards,

On Thu, 2 May 2024 at 00:02, Barrack Otieno <barrack@kictanet.or.ke> 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 <
> 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 ) 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 <lindagichohi@gmail.com>
>> 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 (
>>> 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 Sun, 28 Apr 2024 at 22:03, Linda Wairure <lindagichohi@gmail.com>
>>> 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 <lindagichohi@gmail.com>
>>>> 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 (
>>>>> lgichohi@kictanet.or.ke) if you have any questions or additional
>>>>> comments.
>>>>>
>>>>> Thank you for your time and participation.
>>>>>
>>>>> Regards,
>>>>>
>>>>> *Linda Gichohi.*
>>>>>
>>>>> *Kenya ICT Action Network.*
>>>>>
>>>>