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"content": "(Clause 51 as amended agreed to) Clause 52"
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"speaker_name": "Molo, UDA",
"speaker_title": "Hon. Kuria Kimani",
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"content": " Hon. Temporary Chairman, I beg to move: THAT, Clause 52 of the Bill be deleted. Clause 52 of the Bill states that Section 59A of the Tax Procedures Act is amended by deleting subsection 1B. This is a discussion that came from members of the public and intense public participation. I want to bring to the comfort of this House and members of the public that this is one of the areas that we, as a Committee, debated a lot and agreed that we should not have this clause. Therefore, we propose its deletion. This is a proposal that removes the restriction. Allow me to take three minutes to take you through this proposal."
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"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Chairman",
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"content": " You have one minute. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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"speaker_name": "Molo, UDA",
"speaker_title": "Hon. Kuria Kimani",
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"content": " Hon. Temporary Chairman, Section 59A of the Tax Procedures Act is on data management and reporting system. The Commissioner may establish a data management and reporting system for the submission of electronic documents, including detailed transactional data relating to those documents. Section 59A(1A) of the Tax Procedures Act states that the Commissioner may, by notice in writing, require a person to integrate the electronic tax system authorised under Section 75 to the system referred to in subsection 1 for the purposes of submission of electronic documents, including detailed transactional data in the prescribed form. This means that the Commissioner has powers to require you to integrate your system with that of KRA. However, in the wisdom of this House, it provided for another Section 59A(1B) of the Tax Procedures Act which states: The Commissioner shall not require a person to integrate or share data relating to— (a) Trade secrets; (b) Private or personal data held on behalf of the customers or collected in the course of business. Clause 52 of the Bill proposes to delete Section 59A(1B) of the Tax Procedures Act which states that when a person integrates the electronic tax system, the Commissioner will not require you to integrate data relating to trade secrets, and private or personal data. All the members of the public who appeared before us said that provision needs to be deleted. We agree with them. It goes against our constitutional right to privacy and our other laws on data and privacy."
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"content": "(Question of the amendment proposed)"
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"content": "(Question, that the words to be left out be left out, put and agreed to)"
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"content": "(Clause 52 deleted)"
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