Refworld kenya draft data protection bill critically limited gas out game instructions


ARTICLE 19 believes that data protection and freedom of information are complimentary rights designed to empower the citizen to protect their rights and to improve the transparency of both public and private bodies. ARTICLE 19 supports the adoption of well-crafted data protection laws that protect individuals’ rights while ensuring government transparency and freedom of expression.

The gas in oil causes right of data protection has been growing in Africa over the last few years. So far, eight countries in Africa (Angola, Benin, Burkina Faso, Cape Verde, Mauritius, Morocco, Senegal, and Tunisia) have adopted comprehensive laws. Earlier this year, ECOWAS adopted a Supplementary Act A.SA.1/01/10 on Personal Data Protection which requires all member states to adopt data protection laws. Scope of the Draft Bill Overly Limited

The draft bill appears to only apply gas efficient cars 2016 to personal information held by public authorities (described in Article 3 as both a controller and agency, which is undefined). This is significantly weaker than the similar laws in the eight African countries, as well as the 70 other national data protection laws across the world, which apply to both public bodies and private bodies such as corporations and non-profit bodies. The draft bill is more akin to the Privacy Acts found in many countries which only apply to government bodies.

While the draft bill will bring greater accountability to the processing of information about Kenyan citizens held by government bodies, the restriction to public bodies substantially limits the usefulness of the act as a means to enhance international trade basic electricity quizlet to Kenya. European (and many other countries’) law limits the transfer of personal information for outsourcing and other reasons to only countries with adequate data protection laws, which is why many countries in Africa, Asia and Latin America have adopted laws recently. This bill as drafted will not allow European data controllers to transfer personal information to Kenya because it does not apply to the private sector. Thus a major reason for adopting the bill will not be achieved.

A positive effect of this limitation is that ‘invasion of personal privacy’ may not be used as a justification to prosecute journalists who have published personal information in the public interest, such as corruption by public officials. This may remain a problem in other legislation such as the criminal code. Most data protection laws remedy this problem by putting in specific exemptions for information collected for journalistic or artistic purposes. Recommendation

Both bills also consider that criminal record information including that relating to investigations and convictions is personal information. This could have a profound effect on public access to information of important public interest. While there may be some release of these records under the public interest exemption, it is likely to more limited than is acceptable. Recommendation

The draft bill links to the Freedom of Information Bill by extending the jurisdiction of the Commission created under the Freedom of Information Bill to include electricity kwh to unit converter jurisdiction over privacy for public bodies. Thus, it will be required that the Freedom of Information Bill is passed either electricity el paso apartments before or together with the draft bill This is a growing trend around the world and a similar dual commission model has been adopted in the UK, Germany, Mexico and Thailand amongst others.

As stated above, the draft bill only applies to public bodies. This limitation has a profound effect on the ability of citizens to both obtain and control the use of their personal information held by private bodies including private employers, banks, telecommunications companies, water, electricity companies and other private institutions.

This requirement is only partially addressed in the Freedom of Information Bill which provides for access to information held by private bodies where information necessary for the enforcement or protection of any right. This means that persons concerned must demonstrate that requested information gas vs electric oven relates to enforcement of specific personal rights. Such a condition goes beyond the requirements of the freedom of information for other information and in data protection laws around the world.

In addition, the right of individuals to obtain their own records is limited by the exemptions under the Freedom of Information Bill. This includes broad exemptions for national security, commercial and economic reasons. Typically, data protection laws have fewer exemptions when individuals demand access to their own information since it is a right designed to protect the persons’ own rights. Thus the threshold for limitations is higher. Recommendations

Article 5 of the draft bill prohibits the collection of personal information by unlawful means. However, under Article 3, public bodies can ignore requirements that the collection and processing of personal information if on reasonable grounds for the purposes of enforcing any law by any public sector agency. This loophole sets a very low threshold for gas 78 bypassing of laws. Recommendation

Most of the definitions in the two bills are almost exactly the same. However, there are several ideas defined in the draft data protection bill which are included in the definitions but are then not mentioned again. This includes public servants, Whistleblowing and public record. It may not be necessary to have two identical sets of definitions but rather have one set and refer to the other.