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Data Protection ACT
Fyatu
#1 Posted : Tuesday, July 11, 2017 12:31:24 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,820
Location: Nakuru
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?
Dumb money becomes dumb only when it listens to smart money
Njung'e
#2 Posted : Tuesday, July 11, 2017 12:59:26 PM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
Fyatu wrote:
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?


I too, would wish to know. Honestly, i did not give my details so they be made public without my authoritySad
Nothing great was ever achieved without enthusiasm.
FRM2011
#3 Posted : Tuesday, July 11, 2017 1:18:06 PM
Rank: Elder


Joined: 11/5/2010
Posts: 2,459
Njung'e wrote:
Fyatu wrote:
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?


I too, would wish to know. Honestly, i did not give my details so they be made public without my authoritySad



An interesting legal question. Hope somebody goes to court to object the release on such grounds. Wish IEBC was giving such a "reasonable" excuse for not releasing the register.

But I have bad news for you. The register has always been open to the public. Started in 1997 when the then ECK was able to prepare a national register of voters. The electoral commission has been releasing the printed register to polling stations before every election and inviting the public to go and inspect the same.

The only difference this time is that the amended act demands the online publication.

But remember when IEBC were selling our mobile numbers to political aspirants who were sending unsolicited campaign messages.
Fyatu
#4 Posted : Tuesday, July 11, 2017 1:25:28 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,820
Location: Nakuru
FRM2011 wrote:
Njung'e wrote:
Fyatu wrote:
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?


I too, would wish to know. Honestly, i did not give my details so they be made public without my authoritySad



An interesting legal question. Hope somebody goes to court to object the release on such grounds. Wish IEBC was giving such a "reasonable" excuse for not releasing the register.

But I have bad news for you. The register has always been open to the public. Started in 1997 when the then ECK was able to prepare a national register of voters. The electoral commission has been releasing the printed register to polling stations before every election and inviting the public to go and inspect the same.

The only difference this time is that the amended act demands the online publication.

But remember when IEBC were selling our mobile numbers to political aspirants who were sending unsolicited campaign messages.


This is a good example of one kind of possible misuse of data i am talking about. What are the risks of ones ID number and full names data being out in the public domain?? Especially for some of us who have accumulated a few assets here and there? I am not suggesting someone will steal from me based on these data, but there are probabilities someone can masquerade to be me and gain access to my critical and private info etc
Dumb money becomes dumb only when it listens to smart money
Obi 1 Kanobi
#5 Posted: : Tuesday, July 11, 2017 2:11:43 PM
Rank: Elder


Joined: 7/23/2008
Posts: 3,017
Fyatu wrote:
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?


Why are you soo,, desperate. This is about 46 million Kenyans, not you.
"The purpose of bureaucracy is to compensate for incompetence and lack of discipline." James Collins
alma1
#6 Posted : Tuesday, July 11, 2017 2:12:54 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
The law is very clear.

When you go register with your name and ID and fingerprints, that information is no longer private. Since it says that that information must be made public in an online portal...There is nothing that is more un-private than that.

So name and ID in the voter roll according to the constitution is not private data.

A name an ID by themselves do not constitute an invasion of privacy. Invasion of privacy is where someone releases your data without your permission.

You as a voter are assumed to have read and understood the law. And understood that your information shall be made public. That when you went to get that voters card, your name and ID and face and a fingerprint was going to be in a public database.

That is why even in countries like the US where private information is key. Or the EU where private information can get you in court, voter rolls are still public. So are birth rolls, school rolls, marriage rolls, death rolls, etc.

Voter information is not private data.

If that is the argument the IEBC wants to take to their next court case, I think they really need to get new lawyers from high school or something. That voter register doesn't belong to them. It belongs to the citizens. And they must give it when required by any citizen.

Kwanza they are very lucky I ain't suing. They would have had to keep that data in the public 24 hours a day, 365 days a year as it happens in other democracies. Hata Russia jameni.
Thieves are not good people. Tumeelewana?

Fyatu
#7 Posted : Tuesday, July 11, 2017 2:27:52 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,820
Location: Nakuru
Obi 1 Kanobi wrote:
Fyatu wrote:
Does Kenya have a Data Protection Act? I ask this question in the context of the clamour to have the voter register made public. It is my guess that the voter register will make my id, full names, sex and polling station public.

What are the risks of these data being open in the public domain?


Why are you soo,, desperate. This is about 46 million Kenyans, not you.


You misunderstand me...i am not talking about siasa 2017. I am just airing my thoughts...ama unataka tuanze kutukanana?
Dumb money becomes dumb only when it listens to smart money
alma1
#8 Posted : Tuesday, July 11, 2017 2:37:59 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,871
Location: hapo
Unfortunately, any such argument will lose before it starts

This is the UK where Judge "Odinga" shall quote

Quote:
You will be able to view the electoral roll at a nearby library. It may be a physical or electronic copy, and it will only contain the information about voters in your area.

When viewing an electoral register, you can only search by street name and not by a person’s name.

You may review the register for research purposes and you are allowed to make handwritten notes about what you find.

You may not review the register for commercial purposes, or for any purpose other than research.


To safeguard you from common thugs

Quote:
The British Library has partial records going back to 1832 and full records from 1947. However, the records are delayed by 10 years, meaning you cannot view the most recent records. You must apply for a reader’s pass and make an appointment to view the documents.


So maybe that is the issue that needs to be discussed by the courts. Who has access to ALL the information? How much information should be made public? I know the US only uses the last 4 digits of your Social Security Number. Maybe that is what the MPigs should be fixing.

But the info in toto is public information. Maybe we can talk about permissions to access and the limit of the information. Coz I would not want Safcom to have access to my data and start sending me spam sms's.
Thieves are not good people. Tumeelewana?

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