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"id": 942732,
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"type": "speech",
"speaker_name": "West Mugirango, FORD-K",
"speaker_title": "Hon. Vincent Kemosi",
"speaker": {
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"legal_name": "Vincent Kemosi Mogaka",
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"content": "issues which are provided for in the Constitution. The Bill will go a long way to address issues of privacy. Of interest in the Bill is Part IV. Under Clause 25, we have the principles and obligations of personal data and protection. It has come out very clearly that every data controller or processor shall ensure that personal data is processed in accordance with the right to privacy of the data. That is provided for in the Constitution. Part (b) of that provides that the processed data should be done lawfully, fairly and in a transparent manner. That is very important because most of the data in Kenya, as it is today, is unlawfully obtained and this is what now spreads out. Some of it is spread out as fake news. Some people just get information and they do not consider if it is unlawfully obtained. This particular aspect will address the issue that the data obtained should be lawful and fair. I am quite clear in my mind that while I obtain particular data, it will also require a court order to get that particular data. Part (c) provides that it should be explicit, specified and legitimate for the purposes that it was obtained for. For example, when you visit an organisation, you leave your information behind. It could be your phone number. That information is supposed to identify you and be used for that particular purpose. After you leave, you find somebody calling you saying, “I have been suffering here. I thought you could look for a job for me.” That is not the reason you gave out that particular data. However, with this law, I am quite clear in my mind that those issues will be addressed. The information needs to be adequate, relevant and limited to what it was being obtained for. Further to that, I am happy that it also gives a door that data obtained from an individual by an organisation can be reviewed or corrected if that particular data is not accurate. Upon use of that particular data by an organisation – for example, if you cease to be a customer of a particular organisation, say, Safaricom and you switch to another service provider, you can seek that your information at Safaricom be erased or rectified. There have been many complaints about this Bill. Some of the security agencies have felt threatened by it. They are saying it will slow the fight against corruption or hamper the security of this nation. I want to make it very clear that this has been addressed in the exemptions. If the data required is for purposes of security and public order of this nation, the Commissioner can exempt it. Some of the people working in those security agencies have had the tendency of going through people’s data and sharing it unlawfully. On some occasions, somebody will tell you that you are in a certain place. When you interrogate this information to see if it is true, you will find that one of the security agents has revealed information on where you are. That is not what the information is intended for. This Bill will address those issues so that if some subjects in the security agencies have the tendency of spying on people that should stop. Otherwise, this is a good piece of legislation. Looking at the countries across the globe, India has an Act for that purpose. Zambia has a Bill which is in Parliament. Ecuador and Barbados have the same Bill. It is high time we passed this Bill into an Act of Parliament. Once this is done, I am quite sure that these issues will be addressed. I agree with what Hon. Millie spoke about. Looking at my phone, you will find that I receive information while I am not the right person to access that important information. Somebody puts me in a forum for Bobasi Constituency while I am not a constituent. I live far from Bobasi. This Bill should address those issues. Why should I be put in a forum in which I am not relevant? I am ready to engage with my constituents on the issues pertaining to West Mugirango and not on other issues from outside Kenya. You will even find that people in the 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."
}