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"id": 942688,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/942688/?format=api",
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"type": "speech",
"speaker_name": "Marakwet West, JP",
"speaker_title": "Hon. William Kisang",
"speaker": {
"id": 2263,
"legal_name": "William Kipkemoi Kisang",
"slug": "william-kipkemoi-kisang"
},
"content": "Once it is passed, the law will give effect to Article 31(c) of the Constitution which outlines the right of every person not to have information relating to family or private affairs unnecessarily revealed. Article 31(d) gives the right to privacy of communications. I believe we are suspecting, especially leaders, that when we speak on phone, there are people who listen. Sometimes when you talk to somebody on the other side, you believe there is something going on. So, with this law, as we pass it, those who are infringing on our rights by listening to our conversations will be on the wrong. Even if they listen to it, they will not use it against you in a court of law because it will be illegal. They will have got the information illegally. It will also regulate collection, retrieval, processing, storing, use and disclosure of personal data. I remember in 2012-2013, when we were going around the country looking for votes, before we settled on particular political parties, there are people who belonged to parties. I belonged to the United Republican Party (URP) and others who were not members of a particular party. You would find yourself registered to a political party whose name you did not know. How did they get your information? How did they get your data? As soon as we pass this law, the usage of one’s data without their consent will be a thing of the past. Data is becoming more and more available. People can use your data to make money. They commercialise it. Currently, every day, you receive text messages telling you there are promotions here and there or there is a new suit in town. So, people are misusing your data. They are not supposed to send text messages to you. They are not supposed to call you unless you give them consent. You are supposed to accept to receive messages. Skills and opportunities for retrieving different types of data are evolving extremely fast due to advanced technologies. Unauthorised, careless or ignorant processing of personal data can cause great harm to individuals, Government and even companies. The purpose of personal data protection is not just to protect personal data, but also the fundamental rights and freedoms of persons that are related to the data. While protecting personal data, it is possible to ensure that a person’s rights and freedoms are not violated. I want to give some few highlights about the Bill. Hon. Duale has already done it. I just want to go through it quickly. Part IV of the Bill highlights the principles of processing personal data. Every data controller is bound to ensure that the data is handled in lawful way. The data should be processed in a transparent and lawful manner, be accurate and up to date and be collected for a specific reason. If you collect data for census, as soon as that action is complete, you should delete it within a short period of time. If it is for particular areas, say during floods and you want to assist people or give them food, you are supposed to delete the data as soon as the season is over, instead of holding them for too long and unnecessarily. A data subject must consent to having the personal data processed. The burden of proof lies on the data processor to determine express consent. If you go to court and say that you did not consent to your data being used, it is not up to you to prove that you did not consent. It is up to the other person who has your data to say how they got the consent. Was it in writing? Was it verbal? You have to record the voice. For processing any data relating to a child, consent must be got from the parents or the guardians because the child cannot give consent before the age of 18. I know there are people who wanted the consent age to be reduced to 16 years, but I am happy that was thrown out. Part V has outlined the categories of sensitive data, grounds for processing, the principles to be applied and how to process personal data relating to health. I know health data is very sensitive, but it is important sometimes, if a person is sick and seeking medical care out of the country. In one of the clauses, you are allowed to transfer data out of the country for a good The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}