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Content type: Examples
After Uber refused requests to adjust prices following a rise in the cost of fuel, Kenya's Organisation of Online Drivers union of about 15,000 began circulating its own chart listing fares about 50% higher than Uber's official prices. Members using it are prioritising customers who pay by cash or M-Pesa and turn down customers who want to pay using Uber's app. As the rate card has become more familiar, customers are showing less resistance to these new driver-set prices. Uber says the…
Content type: Examples
A former TikTok moderator in Kenya has threatened a lawsuit against TikTok's owner, ByteDance, alleging that he has developed PTSD as a result of his work for the company and that he was unfairly dismissed for advocating for better working conditions. In a letter, his lawyer alleges that the job required him to watch 250 to 350 videos per hour, the vast majority of them "horrific in nature".https://time.com/6293271/tiktok-bytedance-kenya-moderator-lawsuit/ Publication: Time MagazineWriter…
Content type: Examples
Behind every powerful AI system are huge numbers of people labelling and clarifying data to train it, contracted by companies like Remotasks, a subsidiary of Silicon Valley-based data vendor Scale AI, whose customers include the US military and OpenAI. Often the workers, who are assigned tasks they don't understand for a purpose they don't know, are sworn to secrecy. Yet labelling is crucial; it can make the difference between a car stopping to spare the person walking a bike across the road or…
Content type: Examples
More than 150 workers employed by third-party outsourcing companies to provide content moderation for AI tools on Facebook, TikTok, and ChatGPT depend have pledged to create the African Content Moderators Union. The move to create such a union began in 2019 when the outsourcing company Sama fired Facebook content moderator Daniel Motaung for trying to form a union. https://time.com/6275995/chatgpt-facebook-african-workers-union/Publication: TimePublication date: 2023-05-01Writer: Billy…
Content type: Examples
Four people in Kenya have filed a petition calling on the government to investigate conditions for contractors reviewing the content used to train large language models such as OpenAI's ChatGPT. They allege that these are exploitative and have left some former contractors traumatized. The petition relates to a contract between OpenAI and data annotation services company Sama. Content moderation is necessary because LLM algorithms must be trained to recognise prompts that would generate harmful…
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
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
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: Video
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Content type: Examples
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
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…
Content type: Examples
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
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
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
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: Case Study
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
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: 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…