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Content type: Advocacy
This stakeholder report is a submission by Privacy International (PI), the National Coalition of Human Rights Defenders Kenya (NCHRD-K), The Kenya Legal & Ethical Issues Network on HIV and AIDS (KELIN), and Paradigm Initiative.
PI, NCHRD-K, KELIN, and Paradigm Initiative wish to bring their concerns about the protection and promotion of the right to privacy, and other rights and freedoms that privacy supports, for consideration in Kenya’s upcoming review at the 35th session of the Working…
Content type: Advocacy
We welcome the effort by the Government of Kenya to give life to and specify the right to privacy, already enshrined in Article 31(c) and (d) of the Constitution of Kenya by proposing a draft Data Protection Act. We particularly appreciate the direct reference to this Constitutional right in the purpose of the Act and the way it is referred to on several occasions in this proposed Bill.
Development of an effective and comprehensive Data Protection law in Kenya is a priority. In…
Content type: Examples
In an effort to improve political advertising transparency, Canada drafted a Bill that requires companies to develop ad libraries, to which ads are added immediately in order for researchers, journalists, and other people to be able to search and understand how political actors are targeting ads. In response, Google announced that it would blanket-ban all political ads in Canada, saying the company was unable to comply with the new law. Google’s decision shows both that the current state of…
Content type: Examples
The rise of social media has also been a game changer in the tracking of benefits claimants. Back in 2009, the case of Nathalie Blanchard a woman in Quebec who had lost her disability insurance benefits for depression because she looked “too happy” on her Facebook pictures had made the news.
https://abcnews.go.com/Technology/AheadoftheCurve/woman-loses-insurance-benefits-facebook-pics/story?id=9154741
Author: Ki Mae Heussner
Publication: ABC News
Content type: News & Analysis
The first half of 2018 saw two major privacy moments: in March, the Facebook/ Cambridge Analytica scandal broke, followed in May by the EU General Data Protection Regulation ("GDPR") taking effect. The Cambridge Analytica scandal, as it has become known, grabbed the attention and outrage of the media, the public, parliamentarians and regulators around the world - demonstrating that yes, people do care about violations of their privacy and abuse of power. This scandal has been one of…
Content type: News & Analysis
Today, the Kenyan Government is starting their biometric registration exercise known as NIIMS, leading to the issuing of Huduma Namba ID numbers. Along with our colleagues and partners in the human rights community in Kenya, we are very worried about the ramifications of this system for people in Kenya, and particularly for marginalised communities.
Thanks to the hard work and timely action of civil society in Kenya, the judiciary has intervened at the last minute. A court ruling on…
Content type: Long Read
The Privacy International Network is celebrating Data Privacy Week, where we’ll be talking about how trends in surveillance and data exploitation are increasingly affecting our right to privacy. Join the conversation on Twitter using #dataprivacyweek.
It is often communities who are already the most marginalised who are at risk because of the privacy invasions of data-intensive systems. Across the globe, we see the dangers of identity systems; the harms of online violence against women and the…
Content type: State of Privacy
Table of contents
Introduction
Right to Privacy
Communication Surveillance
Data Protection
Identification Schemes
Policies and Sectoral Initiatives
Introduction
Acknowledgement
The State of Privacy in Kenya is the result of an ongoing collaboration by Privacy International and the National Coalition of Human Rights Defenders - Kenya.
Key Privacy Facts
1. Constitutional privacy protections: Article 31 of the Kenyan Constitution specifically protects the right to privacy.
2. Data…
Content type: Report
In December 2018, the National Coalition of Human Rights Defenders-Kenya published a report analysing the needs and concerns of human rights defenders (HRD) in relation to privacy, data protection and communications surveillance.
A summary of their findings is below. Access the full report on their website.
Content type: Advocacy
In parallel to the legislative process initiated by the Kenya Senate in July 2018, a Task Force constituted by the Ministry of Information, Communication and Telecommunication developed a draft Data Protection Bill which it published for consultation in May of this year.
Privacy International and its Kenya Partners, the National Coalition of Human Rights Defenders – Kenya (NCHRD-K), the Centre for Intellectual Property and Information Technology (CIPIT) are pleased to have had the…
Content type: News & Analysis
Photo was found here
This essay was published in The Sur International Journal of Human Rights, Issue 27, July 2018.
Abstract:
This essay focuses on elections in Kenya and analyses the use of technology and the exploitation of personal data in both the electoral process and campaigning. We only need to look to Kenya’s election history to understand why it is important. The 2007/2008 election resulted in violence that killed over 1,000 people and displaced over 600,000. The 2013 election was…
Content type: Advocacy
This photo originally appeared here.
For years, Privacy International and our partners in Kenya have been promoting the right to privacy in Kenya through research and investigations into government and private sector policies and practices and advocating for the adoption and enforcement of the strongest data protection and privacy safeguards.
The need for Kenya to adopt a comprehensive data protection framework (in addition to strengthening privacy protections in other legislation) has always…
Content type: News & Analysis
As the international cyber security debate searches for new direction, little attention is paid to what is going on in Africa. Stepping over the remains of the UN Group of Governmental Experts, and passing by the boardrooms of Microsoft struggling to deliver their Digital Geneva Convention, African nations are following their own individual paths.
Unfortunately, these paths increasingly prioritise intrusive state surveillance and criminalisation of legitimate expression online as…
Content type: Report
The use of biometric technology in political processes, i.e. the use of peoples’ physical and behavioural characteristics to authenticate claimed identity, has swept across the African region, with 75% of African countries adopting one form or other of biometric technology in their electoral processes. Despite high costs, the adoption of biometrics has not restored the public’s trust in the electoral process, as illustrated by post-election violence and legal challenges to the results of…
Content type: Long Read
In December 2017, Privacy International published an investigation into the use of data and microtargeting during the 2017 Kenyan elections. Cambridge Analytica was one of the companies that featured as part of our investigation.
Due to the recent reporting on Cambridge Analytica and Facebook, we have seen renewed interest in this issue and our investigation. Recently in March of 2018, Channel 4 News featured a report on micro targeting during the 2017 Kenyan Presidential Elections, and the…
Content type: Long Read
To mark International Women’s Day 2018, Privacy International and some of our partner organisations - Datos Protegidos, Derechos Digitales, the National Coalition for Human Rights Defenders-Kenya, the Karisma Foundation, and the Foundation for Media Alternatives – are telling the stories of women across the world as told by their data over the next seven days (for us, it’s International Women’s Week!).
Gender inequality has many complex dimensions and data exploitation is yet another.…
Content type: News & Analysis
Written by the National Coalition for Human Rights Defenders - Kenya and Privacy International
05:00: Mercy’s alarm goes off. She gets out of the warmth of the bed into the piercing morning chill. She switches on the bedside lamp and reaches for her Bible. She then checks in onto her devotional group on Facebook, as she does every morning. Her Facebook app keeps track of her location, and the time she wakes up.
05:24: She steps into the shower and prepares for her day in the…
Content type: News & Analysis
This post was written by PI Policy Officer Lucy Purdon.
In 1956, US Presidential hopeful Adlai Stevenson remarked that the hardest part of any political campaign is how to win without proving you are unworthy of winning. Political campaigning has always been a messy affair and now the online space is where elections are truly won and lost. Highly targeted campaign messages and adverts flood online searches and social media feeds. Click, share, repeat; this is what political engagement looks…
Content type: News & Analysis
Overview
CIPIT is currently investigating how the privacy of Kenyan citizens was affected by the use of biometric data during the just concluded 2017 general and repeat elections. The IEBC is mandated by law to register voters, verify their registration details and conduct elections. Accordingly, the IEBC is the custodian of the public voter register. There have been reports that individuals received SMS texts from candidates vying for various political seats during the campaign period of the…
Content type: Long Read
The battle for Kenyan voters’ allegiance in the 2017 Presidential election was fought on social media and the blogosphere. Paid advertisements for two mysterious, anonymous sites in particular started to dominate Google searches for dozens of election-related terms in the months leading up to the vote. All linked back to either “The Real Raila”, a virulent attack campaign against presidential hopeful Raila Odinga, or Uhuru for Us, a site showcasing President Uhuru Kenyatta’s accomplishments. As…
Content type: Press release
A new investigation published today by Privacy International reveals the role of an American data-based digital advertising company in the highly divisive online re-election campaign of Kenyan president Uhuru Kenyatta.
In the run-up to Kenya's presidential election in August 2017, paid advertisements for two mysterious sites dominated Google searches for election-related terms and flooded Kenyans' social media feeds. All linked back to either 'The Real Raila', a virulent attack campaign…
Content type: News & Analysis
Recently, a text from a local telecommunications company inquired whether its subscribers knew that they could now enroll their voice so they could access various services securely and conveniently. This added a further dynamic to the on-going debate in several quarters on the accelerated adoption of biometrics in Kenya. Does Kenya have the necessary framework in place to safeguard the privacy and security of its citizens? The reality is, innovators will not wait for an optimal…
Content type: Report
Financial services are changing, with technology being a key driver. It is affecting the nature of financial services, from credit and lending through to insurance, and even the future of money itself.
The field of fintech is where the attention and investment is flowing. Within it, new sources of data are being used by existing institutions and new entrants. They are using new forms of data analysis.
These changes are significant to this sector and the lives of people it serves. This…
Content type: Press release
Privacy International has filed a federal lawsuit seeking to compel disclosure of records relating to a 1946 surveillance agreement between the US, UK, Australia, Canada and New Zealand, known as the “Five Eyes alliance”.* We are represented by Yale Law School’s Media Freedom and Information Access Clinic (MFIA). The most recent publicly available version of the Five Eyes surveillance agreement dates from 1955. Our complaint was filed before the U.S. District Court for the District of Columbia…
Content type: Press release
Privacy International, in partnership with 30+ national human rights organisations, has today written to national intelligence oversight bodies in over 40 countries seeking information on the intelligence sharing activities of their governments.
Countries may use secret intelligence sharing arrangements to circumvent international and domestic rules on direct surveillance. These arrangements can also lead to the exchange of information that can facilitate human rights abuses,…
Content type: News & Analysis
Photo Credit: MoD UK
‘Security’ in the policy world has practically no currency without a specific prefix. For example, we could discuss 'national' security as distinct from 'consumer' security or 'energy' security. ‘Cyber’ security is the new prefix on the policy block, and it is gradually forcing a rethink on what it means to be secure in a modern society. In the course of Privacy International’s work globally, we have observed that many governments frame cyber security as national security…
Content type: Long Read
In January 2017, Kenya’s information and communication technology regulator, the Communications Authority of Kenya, announced that it was spending over 2 billion shillings (around 14 million USD) on new initiatives to monitor Kenyans’ communications and regulate their communications devices. The press lit up with claims of spying, and members of Kenya’s ICT community vowed to reject the initiatives as violating Kenyans’ constitutional rights, including the right to privacy (Article 31…
Content type: News & Analysis
Image source: AFP
Earlier this month, the Kenyan daily The Star reported that UK-based data analytics firm Cambridge Analytica had been quietly contracted by President Uhuru Kenyatta’s party in a bid to win himself a second term in office. State House officials were quick to deny the claims, while the company itself issued no comment.
Cambridge Analytica has exploded onto the scene following revelations that its psychometric profiling techniques were used and reportedly played a role in…
Content type: Advocacy
Earlier this month, it was reported that UK-based data analytics firm Cambridge Analytica had been quietly contracted by President Uhuru Kenyatta’s party in a bid to win a second term in office. Privacy International has written to Cambridge Analytica to learn more about how the company assessed the risk of its work in Kenya and how it will ensure that Kenyans’ personal data will be protected.
Content type: News & Analysis
On a hot day in Nairobi, our researcher is speaking to an officer of Kenya’s National Intelligence Service (NIS). The afternoon is wearing on and the conversation has turned to the presidential elections, taking place in August this year. He has just finished describing the NIS’ highly secret surveillance powers and the disturbing ways in which these powers are deployed.
“It is what you might call ‘acceptable deaths,’” he states about the misuse of communications surveillance powers. “People…