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Content type: News & Analysis
In a ruling handed down on 14 October 2021 by the High Court of Kenya in relation to an application filed by Katiba Institute calling for a halt to the rollout of the Huduma card in the absence of a data impact assessment, the Kenyan High Court found that the Data Protection Act applied retrospectively.
Background to the case
Huduma Namba as initially proposed
In January 2019, the Kenyan Statute Law (Miscellaneous Amendment) Act No. 18 of 2018 came into effect, introducing a raft of amendments…
Content type: Long Read
Background
Kenya’s National Integrated Identity Management Scheme (NIIMS) is a biometric database of the Kenyan population, that will eventually be used to give every person in the country a unique “Huduma Namba” for accessing services. This system has the aim of being the “single point of truth”, a biometric population register of every citizen and resident in the country, that then links to multiple databases across government and, potentially, the private sector.
NIIMS was introduced…
Content type: News & Analysis
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
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 the Act.
While these efforts have positive intentions and we are pleased that Kenya has adopted a comprehensive data protection…
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: 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: 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: 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: Advocacy
This stakeholder report is a submission by Privacy International (PI) and the National Coalition of Human Rights Defenders in Kenya (NCHRD-K). PI is a human rights organisation that works to advance and promote the right to privacy around the world. NCHRD-K is a non-governmental organisation registered as a Trust in Kenya. It was established to strengthen the work of human rights defenders (HRDs) in the country by reducing their vulnerability to the risk of persecution and by enhancing their…
Content type: Advocacy
What do Egypt, Kenya, Turkey, Guinea, and Sweden have in common? Despite having a Constitutional right to privacy, they are adopting and enforcing policies that directly challenge this human right.
These states are also up for a Universal Periodic Review this year before the United Nations Human Rights Council. UPRs are a mechanism within the Council aimed at improving the human rights situation in all countries and address human rights violations wherever they occur.
Despite having…