Senator Abshiro Halake is a nominated member of the Senate focusing on the special interest of women and other vulnerable groups including, youth, people with disabilities and other marginalized groups.
6 Nov 2018 in Senate:
Mr. Speaker, Sir, under Clause 3 of the Bill, personal data touching on national security and prevention, investigation and prosecution of crimes will be exempted from the application of parts of this law. An entity responsible for national security, maintaining law and order may process personal data without following the procedure set out in the Bill. There are, therefore, certain exceptions and limitations that have been put in place to protect our national interests and security. This Bill, therefore, seeks to ensure that there is strict data processing and the fact that people have a right to demand consent for ...
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6 Nov 2018 in Senate:
Mr. Speaker, Sir, sometimes people hold information about us but they use it the way they wish. We see what happens during elections; how data is used to either influence or not influence certain things. The Bill, therefore, puts accountability and ensures that there is compliance to the laws and regulations that govern personal data.
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6 Nov 2018 in Senate:
Additionally, the right to privacy as regards personal data may be limited with the view to safeguard the rights and legitimate overriding interests such as public interest. This Bill has looked into exceptions and limitations as pertains to our national interests, security and greater good. This is such an important Bill. While it relates to personal data, 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.
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6 Nov 2018 in Senate:
we also have provisions that are particularly relevant to our citizens because of the rights that are mentioned. What are some of the principles that guide this Bill? They are quite elaborate. Clause 4 makes provisions for the principle to guide persons in the interpretation and application of the law. A person making a decision concerning personal data will be required to collect, store, use or process data for only lawful and explicitly defined purposes. We will not have people snooping on you without your consent. We also have principles on collecting information directly from a data subject as opposed ...
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6 Nov 2018 in Senate:
oversight, compliance and enforcement. This Bill takes care of that by making sure that several clauses have owners; for instance, who will implement, do oversight and ensure compliance to these laws. We have provided under Clause 32, that the Kenya National Commission on Human Rights (KNCHR) shall be the entity responsible for overseeing the implementation of the Act. In performing this function the KNCHR will require to promote the protection and observance of the rights to privacy. It may investigate any infringement pursuant to a complaint or on it is own initiative.
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6 Nov 2018 in Senate:
Thank you, Mr. Speaker, Sir. With regards to enforcement and oversight, this Bill has elaborate plans for compliance and ensuring that infringements will be dealt with. This Bill caters for personal, social and economic aspects. It will also enable us, as a nation, to trade with others on the online space, which is the future of commerce. This will lead to economic success in our country. Going forward, we will be looking at it in terms of direct foreign investment in our country. More requirements will be placed on our companies to ensure that they have data protection laws. More ...
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6 Nov 2018 in Senate:
conducted and within which certain provisions will be given for processing, oversight and enforcement. The Senate Committee on Information, Communication and Technology is very pleased to have worked on this Bill. We look forward to passing it, so that it opens the way for economic activities. Many companies that came before us to give their inputs during the public hearing were very proud of the fact that we have made this first bold step. This was in line with what the Bill provides; that our personal data and space for e- commerce have an enabling environment and framework within which ...
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6 Nov 2018 in Senate:
Mr. Speaker, Sir, with those remarks, I beg to move and request Sen. (Dr.) Milgo to second.
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6 Nov 2018 in Senate:
Thank you, Madam Temporary Speaker. I rise to reply. In my reply, please allow me to thank all Senators who have contributed to this important Bill, for the amazing input and diversity to the different perspectives that they have provided. This House definitely has got a lot of brains. I thank my seconder, Sen. (Dr.) Milgo who is a Member of our Committee. She covered a wide range of Clauses some of which I had not captured because of the fact that I was looking at the broad areas. She looked at everything from the right to protection, collection of ...
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6 Nov 2018 in Senate:
have all been considered. That said, there is a lot of input from the rest of you in different areas. I will go Senator by Senator because I found that very useful. Madam Temporary Speaker, I thank Sen. (Dr.) Musuruve for her input. As usual, she is the champion for Persons with Disability (PWDs). In her usual passionate manner, she alerted us to the fact that personal data, as concerns PWDs and other vulnerable groups should be taken care of as well. We have taken note and reassure her that every person, be they PWDs, women or children will be ...
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