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{
    "id": 827331,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/827331/?format=api",
    "text_counter": 300,
    "type": "speech",
    "speaker_name": "Sen. Kihika",
    "speaker_title": "",
    "speaker": {
        "id": 13216,
        "legal_name": "Susan Wakarura Kihika",
        "slug": "susan-wakarura-kihika"
    },
    "content": "“Where an agency collects information under subsection (1) to be used for a different purpose from the one for which the information was first collected or where the circumstances of the data subject has changed, the agency shall notify the data subject of the use to which the information shall be put to.” When you look at Clause 11(1), it seems to be alluding to the fact that if they had recently collected the same information, then they do not need to go back to the data subject to get consent or even to inform them. However, when you look at Clause 11(2), it states that they have to inform and notify the data subject. I believe that this should be amended to reflect that you must get permission or consent from the data subject even if it is the same data that you are using. If the use has changed, then you must get consent and not just inform. Clause 11(3) states that- “An agency shall notify a data subject that a waiver of his or her rights under this Act shall be construed as consent and authorization for the agency to collect the information.” I would like the Committee to state that the waiver must be in writing. You cannot say that I waived verbally. Since it does not say anything here about a waiver being in writing, I am worried for we have some very unethical companies or people in this country and this might be misused then claimed that a waiver was given. I would like to see an amendment brought where it shows that the waiver must be in writing where a data subject waives his or her rights. In conclusion, I believe that this Bill is extremely necessary. It will go a long way in safeguarding the rights of data subjects in this country. This is a Bill whose time has come. As a country, as we continue to advance in technology, it is important for us to have laws that define what is lawful and what is unlawful. We should also have laws that give data subject power in their hands to determine how their data is used or not used. As a country, we have moved to being digital by having biometrics, integrated population registration systems, eCitizen, eHealth and Integrated Public Safety Communication and Surveillance Systems. A lot has been done in these areas in terms of data advancement due to technology but with that, there is also a lot of room for abuse technology hence it is important to have this Bill become law for us to get safeguards as we continue in our technological advancements. We have seen data breaches in this country which include the espionage by the Chinese nationals back in 2014. We saw the hacking of the Ministry of Foreign Affairs The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}