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{
    "id": 942689,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/942689/?format=api",
    "text_counter": 263,
    "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": "reason, to save life or get medical attention. The Bill further sets out the conditions for transfer of data out of Kenya. Some of the conditions for transfer of data out of Kenya include consent by the data subject, especially health data and the data commissioner must give proof of appropriate safeguards for data out of the country in terms of how safe it is. In case of infringement of a provision of this law, the penalties imposed by the data commission is up to a maximum of Kshs5 million. I know this is what was in the newspapers recently. They were saying that we are becoming punitive. I know we raised the jail term. For some corporate bodies, a jail term of up to 10 years, but the fine was still Kshs3 million. So, we will have to revise when we go to the Committee of the whole House. We will have to make amendments, so that the fine and the jail term is commensurate. Then we raise the figures from the Kshs3 million that we had said earlier to Kshs6 million or Kshs7 million. I would like to ask Members to go through this Report, the Bill and support it. For a long time, our data has been used and collected by many people, both public and the private sector. There is no guarantee that the data that is held by these bodies is safe. From about four or five years ago to now, we receive text messages that we do not know where they are from. You may find somebody sending you a text message that they have sent you money erroneously. Without checking, because one may not be careful, one ends up sending one’s own money to them yet it is all a lie. People have lost a lot of money. How do these people get these phone numbers? So, in this Bill, these people will be penalised. Even if they are already imprisoned, like the ones in Kamiti Maximum Prison, you can institute a case against them, so that they serve more years in jail if found guilty. I hope and trust that the data commissioner who will be employed will do a good job. We have set out the qualifications for this particular office holder. We believe that we will get somebody of integrity who will protect our data. What we agreed as a Committee with the stakeholders is that this particular office holder will be employed competitively through the Public Service Commission (PSC). The PSC will advertise, shortlist and send three names to the President, then the President will send one name to the National Assembly for vetting. When the National Assembly approves that person, the President will do a formal appointment of that commissioner. The data commissioner cannot work as a stand-alone person. We said he will be at liberty to set up directorates below his office, so that he can have directors in charge of various departments to help him actualise this law. Without taking more time, so that Members can contribute, I take this opportunity to thank the Office of the Speaker, the Office of the Clerk, the Office of the Leader of the Majority Party, Members of the Departmental Committee on Communication, Information and Innovation and the secretariat of the Committee for their dedication and support during the processing of this Bill. Further, I wish to appreciate all the stakeholders for their valuable input and time. They appeared before us and they want this law to be passed soon. Therefore, I urge all the Members to participate in discussing this Bill and pass it. Kenyans are waiting. Their data is being misused daily and there is no law to protect them. With those many remarks, I wish to second. Thank you."
}