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Content type: Long Read
29th March 2021
This piece was last updated in June 2021.
In many countries, access to social protection (such as welfare programmes or healthcare) is made conditional on producing a form of identification (“ID”). But obtaining a recognised and accurate ID is often a process riddled with discriminatory designs, bureaucracy and technical failures that prevent individuals from accessing the services they are entitled to. Even when people eventually get an ID, it might not accurately reflect who they are,…
Content type: Report
23rd March 2021
Human rights defenders across the world have been facing increasing threats and harms as result of the use of digital and technological tools used by governments and companies which enable the surveillance, monitoring and tracking of individuals and communities. They are continuously at risk of violence, intimidation and surveillance as a direct consequence of the work they do. Such surveillance has been shown to lead to arbitrary detention, sometimes to torture and possibly to extrajudicial…
Content type: Examples
13th July 2020
Kenya’s Independent Policing Oversight Body reports that it received 87 complaints covering 31 incidents in which injuries were linked to the actions of police officers and 15 deaths between curfew’s imposition on March 27 and June 5. In April, Human Rights Watch accused the police of brutality in imposing the curfew from the beginning, including whipping, kicking, and teargassing people.
Publication: Guardian
Publication date: 2020-06-05
Content type: Video
11th June 2020
You can find out more about Haki na Sheria here: http://hakinasheria.org/
Find out more about double registration in Keren's piece "In Kenya, thousands left in limbo without ID cards" in CodaStory: https://www.codastory.com/authoritarian-tech/kenya-biometrics-double-registration/
Find out more about the Huduma Namba case on our website: https://privacyinternational.org/news-analysis/3350/why-huduma-namba-ruling-matters-future-digital-id-and-not-just-kenya
You can listen and subscribe…
Content type: Examples
19th May 2020
From our partners from the Defenders Coalition: The civil society’s Police Reforms Working Group, comprised of twenty national human rights organisations, condemn the unnecessary and excessive use of force by Kenya Police Service officers yesterday at the Likoni Ferry Crossing, Mombasa. The police actions completely betrayed the specific responsibility bestowed upon them by the President; to facilitate orderly passage of commuters on the Likoni crossing.
Link to their reaction: https://…
Content type: Case Study
7th May 2020
The run up to Kenya’s 2017 elections was extremely tense. Kenya has a history of violently fought elections and there was fear this election would be no different. It was in this tense environment, that companies like Cambridge Analytica and Harris Media – and their digital offerings - got involved in the election campaigns.
Cambridge Analytica’s business model is by now familiar, they compiled a huge amount of data points, often through illegal means, to create profiles on individuals –…
Content type: Examples
16th April 2020
In order to enforce mandatory 14-day quarantine orders, Kenyan authorities have been tracking mobile phones of people suspected to have COVID-19. Also in Kenya, police enforcement efforts have led to several deaths: three died of injuries from being beaten, one, a 13-year-old boy, was hit by a bullet.
Source: https://www.bbc.co.uk/news/world-africa-52214740
Writer: Dickens Olewe
Publication: BBC News
Content type: Long Read
24th February 2020
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 as…
Content type: News & Analysis
6th February 2020
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
29th January 2020
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: Case Study
26th December 2019
On 3 December 2015, four masked men in plainclothes arrested Isnina Musa Sheikh in broad daylight (at around 1 p.m.) as she served customers at her food kiosk in Mandera town, in the North East of Kenya, Human Rights Watch reported. The men didn’t identify themselves but they were carrying pistols and M16 assault rifles, commonly used by Kenyan defence forces and the cars that took her away had their insignia on the doors. Isnina’s body was discovered three days later in a shallow grave about…
Content type: Advocacy
6th December 2019
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
1st October 2019
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 particular,…
Content type: News & Analysis
2nd April 2019
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 Monday…
Content type: Long Read
28th January 2019
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
26th January 2019
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
1st December 2018
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
2nd October 2018
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 opportunity…
Content type: News & Analysis
7th August 2018
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
18th July 2018
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
11th July 2018
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 cyber…
Content type: Report
7th May 2018
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 the…
Content type: Long Read
27th March 2018
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
13th March 2018
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. While…
Content type: News & Analysis
7th March 2018
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 office as she…
Content type: News & Analysis
19th December 2017
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
18th December 2017
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
15th December 2017
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
15th December 2017
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
14th December 2017
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 legal…