Susan Wakarura Kihika

All parliamentary appearances

Entries 441 to 450 of 551.

• 6 Nov 2018 in Senate: Most of us in this House are here by virtue of being politicians, if that is the right word. We know that there has been extreme abuse on social media or other forums where there is a lot of abuse – if I would call it so – of public figures in this country. A lot of it has happened without people being held accountable. view
• 6 Nov 2018 in Senate: Last year, there was the Computer Misuse and Cybercrimes Act, 2018 which touched a bit on data protection. It was temporarily suspended following some contentious clauses that were seen to infringe on the freedom of expression. My only concern on this Bill is for the Committee to make sure that all the stakeholders have been brought to the table as we move on with the process and as the amendments come on board, so that there is real and true public participation on the Bill. That way, we will not end up having civil societies or other stakeholders running to ... view
• 6 Nov 2018 in Senate: Madam Temporary Speaker, as we continue looking at the Bill, I am also concerned about the leniency with regard to penalties on this Bill. First of all, there are some that are a conviction or a fine not exceeding Kshs500,000 or imprisonment for a term not exceeding two years. I personally feel that that is extremely lenient. As some have said, I concur that some of the people will just do the calculation and decide that it is worth the risk since the penalties are not as high as they probably should be and continue with the misuse of data ... view
• 6 Nov 2018 in Senate: In Clause 37(1) it states- “Where an agency discloses personal data in good faith pursuant to this Act- (a) no civil or criminal proceedings shall lie against the agency in respect of disclosing the data, or for any consequences that may arise as a result of disclosing the data; ” I strongly feel that this is not the right way to go. Agencies will then plead this vague good faith. We do not know what good faith means. This might become a way for them to get around the law and continue disclosing personal data, claiming good faith and getting ... view
• 6 Nov 2018 in Senate: Madam Temporary Speaker, as I also said with regard to leniency, you also see some of these offences where a person is convicted for a fine not exceeding Kshs100,000 or a term of imprisonment not exceeding two years. Again, I honestly think that is way too lenient. The Kshs100,000 is not much for some of those who are breaching data laws and who also stand to profit from that breach. One colleague commented about some studies that were done without disclosing or getting consent of the subjects. I think in this case where maybe it is big multinational companies who ... view
• 6 Nov 2018 in Senate: We have also seen that despite having the Kenya Information and Communications Act, 2008, the National Police Service Act, 2011 and the National Intelligence Service Act, 2012, there is no comprehensive data protection legislation. Having pointed out those weaknesses to the Committee, I still believe that it is an extremely important Bill that will go a long way in setting limits and making sure that there is consent whenever personal data is taken. 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. view
• 6 Nov 2018 in Senate: I was also a bit concerned or thought that Clause 11(1) seems a bit off. The Committee needs to review that Clause probably with the purpose of amending it. The Clause says that- view
• 6 Nov 2018 in Senate: “An agency shall not be required to take the steps under section 10 if that agency has, prior to collecting the information, taken those steps in the recent past when collecting the same information or information of the same kind from that data subject.” I would want to know how to interpret Clause 11(1) when it is read with Clause 11(2) which states that- view
• 6 Nov 2018 in Senate: “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 ... view
• 6 Nov 2018 in Senate: back in 2016 and unregulated surveillance leading to extra-judicial torture and killings. That is why I insist that as we give exceptions to these consents when collecting data especially in cases where we are fighting crimes, terrorism and such exceptions, we must be careful so that we do not open the door for abuse of this good Bill. I support. view