6 Nov 2019 in National Assembly:
During public participation, most of the stakeholders said the penalty that was initially proposed in the Bill was too lenient and as a Committee, in agreement with the stakeholders, the sentence was enhanced to deter persons from committing offences under this Act. Therefore, the proposal was to move the imprisonment from two years to 10 years. I move and ask Members to support.
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6 Nov 2019 in National Assembly:
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.
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Chairman, I beg to move:
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6 Nov 2019 in National Assembly:
THAT, Clause 2 of the Bill be amended by— (a) inserting the following new definitions in their proper alphabetical sequence─ “data” means information which─ (a) is processed by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with intention that it should be processed by means of such equipment; (c) is recorded as part of a relevant filing system; (d) where it does not fall under paragraphs (a) (b) or (c), forms part of an accessible record; or (e) is recorded information which is held by a public entity and does not fall ...
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6 Nov 2019 in National Assembly:
We are redefining the term “data” and “person” and their definitions included because they were repeatedly used in the Bill and were not defined. We are also deleting the definition of “consent” provided for in the Bill and substituting it with a more elaborate definition since it is a pertinent element of data protection and management. So, we are redefining the three terms to make it more inclusive. I had discussed with Hon. Shamalla that we had redefined these terms and the Bill is comprehensive and we do not need to redefine again. So, I ask that you go by ...
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6 Nov 2019 in National Assembly:
Hon. Temporary Deputy Speaker, I second.
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29 Oct 2019 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to second this important Motion as moved by the Leader of the Majority Party, Hon. Duale. The Data Protection Bill, 2019, was sponsored by the Leader of the Majority Party and was read the First Time on 4th July 2019 and subsequently referred to our Committee. From the memorandum of objects and reasons, the principal object of this Bill is to give effect to the right of privacy as provided for in Article 31(c) and (d) of the Constitution. It sets out the protection of personal data processed by ...
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29 Oct 2019 in National Assembly:
of 00 and no month of 00. This Bill will help so that those anomalies that appear on our records is updated. In considering the Bill, the Committee carried out an extensive public participation process where an advert was placed in the local dailies on 11th July 2019 requesting the public to submit their views on the Bill. In fact, I was very surprised recently that all the three major newspapers wrote many things about the Bill as if they did not see that we put an advert on the newspapers. What they published was misleading. In fact, one person ...
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29 Oct 2019 in National Assembly:
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 ...
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29 Oct 2019 in National Assembly:
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. ...
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