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"id": 827301,
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"speaker_name": "Sen. Kabaka",
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"speaker": {
"id": 13206,
"legal_name": "Boniface Mutinda Kabaka",
"slug": "boniface-mutinda-kabaka-2"
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"content": "Purpose is also important. Why should a person seek the information? At the end of research, we are trained to say that; at the end of this research, this information, other than being treated confidentially, it can also be ploughed to the data subject for their perusal and even use if it will add any value to their objects. I am happy that the Mover of this Bill has given the timeline within which the data can be kept. You cannot keep data in perpetuity because we do not know who will get hold of it and misuse it. The time limit is not given, but I understand the law defines time as reasonable time which is relative. It could be five or 10 years. It would have been good if we can maybe, borrow wisdom from the banking institution. Anytime, you want a bank statement which is older than about two or even three years. Once you go to the financial archives, they will tell you that information has been discarded unless they go to the mother computer. So, I suggest that maybe five years would be reasonable for such data to be discarded. Another area which they touched on is that data which is being given should be compatible for the purpose for which it was collected with the consent of that person. Parties must give some reasons they want the data for, but it is not easy to realise that indeed they have some ulterior motive in that, you may want the data to compete against the company which is providing the data subject. To that extent, that would be a misuse if that data will not be compatible with the purpose for which it is intended. Of course, legally that would be legal recourse which m ay attracts damages if not another sanction. I also like where they have given that the data which is being given need to be appraised, accurate, up to date and complete. You do not give data which is half baked or information, which will not, if subjected to the test, would collapse or give misleading findings. Mr. Deputy Speaker, Sir, as a lawyer, I also wish to give an opinion regarding Clause 5 which says that every person has a right to privacy with respect to their personal data. As much as that law will protect individuals, it is imperative for the Mover of the Bill to know that such protection is of paramount importance especially during a marriage period. Where parties are divorcing or they intend to separate and divorce, of course one party may want to disclose certain information or data which occurred during the time of tranquil moments or marriage."
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