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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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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…
Content type: News & Analysis
The focus on the right to privacy continues at the United Nations, with Kenya, Turkey, and Sweden being recently challenged over their surveillance practices during the Human Rights Council's Universal Periodic Review of States' human rights records.
The explicit mention of the right to privacy in recommendations submitted by Slovenia and the Netherlands during the review of Sweden, in the recommendation by Estonia during Turkey's review, and Liechtenstein's recommendations to…
Content type: News & Analysis
The right to privacy is on the frontline of a struggle that has seen a number of other constitutionally protected rights threatened during the last few bloody months of Kenya's ongoing security crisis.
After at least 64 people were killed in two attacks by Al Shabaab militants in late 2014, members of the ruling Jubilee Coalition swiftly moved to introduce an omnibus bill, the Security Laws (Amendment) Bill 2014. The bill, which was hastily enacted into law despite street…
Content type: News & Analysis
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…
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…
Content type: News & Analysis
One of the first things that strikes you about the chaotic East African metropolises of Kenya, Uganda and Zimbabwe is the blanket of adverts for mobile phone companies that covers them, from the walls of the immigration hall at Harare airport, to the rickety shacks that line the dusty streets of Kampala. Where official signage is unavailable, DIY versions are painted onto the roofs and walls of houses and small businesses. Stores selling mobile phones are rarely more than a few short steps away…