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Privacy Symposium Africa 2022 #PSA2022: ‘Privacy Rights are Human Rights’
‘Offline rights are equally Online Rights’, this was a statement made by Hon. Neema Lugangira,
a Tanzanian Member of Parliament at the Privacy Symposium Africa 2022 that took place last
week between 2nd
and 4th
November at Strathmore University (SOB) organized by Unwanted
Witness, Centre for Intellectual Property and Information Technology Law (CIPIT) with the
Kenya ICT Action Network (KICTANet) and other partners thereof. What exactly does this
mean?
The Constitution of Kenya 2010 outlines the rights and fundamental freedoms of the each and
every citizen in the country. These rights are entailed in Chapter Four under the Bill of Rights
which are meant to be adhered to, enforced and implemented. The right to Privacy under Article
31 is directly related to Article 28 that states that every person has inherent dignity and the right
to have that dignity respected. When an individual’s right to privacy is violated, in most cases the
the individual’s dignity is equally infringed upon. When these rights are violated in person
and/or physically, one is directed to report to the police for further action. What happens when
the same rights are violated in the digital space? For example; When someone abuses you in
person, is this verbal assault? and is verbal abuse considered a form of assault in Kenya? Once
this is established as a crime in the physical world this automatically becomes a crime in the
online and digital sphere where such assaults and abuses happen on the daily.
The crimes that take place in the current physical world are increasingly being replicated in the
digital sphere as well; stealing from banks is now online hacking and identity theft, verbal abuse
to online verbal abuse, fraud and so on. What procedures and measures are taken to tackle such
digital crimes? Are the masses educated on how to go about it? The Cyber Crimes Unit at the
Directorate of Criminal Investigations have equally made commendable progress in addressing
some of these cybercrimes. A recent arrest was made on three people for allegedly committing
fraud by impersonating Senior Government Officials and creating pseudo social media
accounts. The Data Protection Act 2019, regulations and the Computer Misuse and Cybercrimes
Act, 2018 laws and regulations have made progressive strides towards protecting the data subject
in terms of privacy and data protection by setting out sanctions, procedures and compliance
measures for companies and organizations to protect the citizens data.
Unluckily, women are the most targeted group and victims of the same. This is also known as
Online Gender-Based Violence. The 4th
Privacy Symposium Africa 2022 had a masterclass on
utilizing data while safeguarding women safety online since this has become a real issue and
menace in todays’ digital era. OGBV is targeted harassment and prejudice through technology
against people, disproportionately women, based on their gender. How therefore do we draw the
line between freedom of expression and outright Online Gender Based Violence? GIZ and
KICTANet recently held the Digital Enquirer Kit Workshop on mitigating the impacts of mis-
information and dis-information and creating a safer online space for Children and Youth while
tackling Online Gender-Based Violence. Who are Digital Enquirers? These are users of digital
technologies who wish to make the global information and communication space a safer, more
credible and inclusive space. Including but not limited to Activists, Human Rights Defenders ,
journalists, investigators, researchers, teachers and even students. The Digital Enquire Kit is an
e-learning course that guides learners on the same; www.atingi.org.
Apart from the existing national laws, the International Covenant on Civil and Political Rights
(ICCPR) protects everyone from arbitrary or unlawful interferences with their ‘privacy, family,
home or correspondence’ under Article 17. The Universal Declaration of Human Rights (UDHR)
Article 12 also entails the right to privacy as an inherent human right. Why then is the right to
privacy crucial to the modern world?
 Privacy rights ensures your personal data is safe from groups, companies or organizations
that seek to use it for commercial purposes without consent, ulterior motives or to
achieve their own personal goals.
 Privacy rights aid in holding those who wish to misuse our personal data accountable and
protects our finances.
 Privacy rights maintains your inherent right to dignity and ensures that right is respected
and protected by the law.
 Privacy rights promote trust and confidence thus creating a good business environment.
 Privacy rights ensure we have control over our data, protects our freedom of expression,
speech and reputation to enjoy a peaceful social life.
Some of the key recommendations and takeaways from the 4th
Privacy Symposium Africa
included;
 The need for harmonization and finding commonalities of data protection laws across
Africa by African Data Regulators.
 The importance of engaging parliamentarians on matters concerning Privacy as the Law
makers in our countries.
 More awareness and advocacy is crucial to ensure educated masses, law enforcers,
SME’s, technology companies so as to promote compliance and reduce these crimes.
 Prioritization of the rights of data subjects and putting consent at the forefront of our
digital-based activities.
 The need for companies to adopt privacy polies and have transparency reports to conform
to data protection legal frameworks.
Following the mushrooming and rapid rate of cybercrimes, it is necessary for one to learn on
how to protect themselves as a data subject, for companies, organizations and the masses be
educated on data protection, procedures and compliance measures lest one becomes a victim or
better yet not wait for the law to catch up with you as it eventually will.
“Privacy is an inherent human right, and a requirement for maintaining the human condition
with dignity and respect.” – Bruce Schneier.
By: Linda Gichohi

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PRIVACY RIGHTS ARE HUMAN RIGHTS (2).pdf

  • 1. Privacy Symposium Africa 2022 #PSA2022: ‘Privacy Rights are Human Rights’ ‘Offline rights are equally Online Rights’, this was a statement made by Hon. Neema Lugangira, a Tanzanian Member of Parliament at the Privacy Symposium Africa 2022 that took place last week between 2nd and 4th November at Strathmore University (SOB) organized by Unwanted Witness, Centre for Intellectual Property and Information Technology Law (CIPIT) with the Kenya ICT Action Network (KICTANet) and other partners thereof. What exactly does this mean? The Constitution of Kenya 2010 outlines the rights and fundamental freedoms of the each and every citizen in the country. These rights are entailed in Chapter Four under the Bill of Rights which are meant to be adhered to, enforced and implemented. The right to Privacy under Article 31 is directly related to Article 28 that states that every person has inherent dignity and the right to have that dignity respected. When an individual’s right to privacy is violated, in most cases the the individual’s dignity is equally infringed upon. When these rights are violated in person and/or physically, one is directed to report to the police for further action. What happens when the same rights are violated in the digital space? For example; When someone abuses you in person, is this verbal assault? and is verbal abuse considered a form of assault in Kenya? Once this is established as a crime in the physical world this automatically becomes a crime in the online and digital sphere where such assaults and abuses happen on the daily. The crimes that take place in the current physical world are increasingly being replicated in the digital sphere as well; stealing from banks is now online hacking and identity theft, verbal abuse to online verbal abuse, fraud and so on. What procedures and measures are taken to tackle such digital crimes? Are the masses educated on how to go about it? The Cyber Crimes Unit at the Directorate of Criminal Investigations have equally made commendable progress in addressing some of these cybercrimes. A recent arrest was made on three people for allegedly committing fraud by impersonating Senior Government Officials and creating pseudo social media accounts. The Data Protection Act 2019, regulations and the Computer Misuse and Cybercrimes Act, 2018 laws and regulations have made progressive strides towards protecting the data subject in terms of privacy and data protection by setting out sanctions, procedures and compliance measures for companies and organizations to protect the citizens data. Unluckily, women are the most targeted group and victims of the same. This is also known as Online Gender-Based Violence. The 4th Privacy Symposium Africa 2022 had a masterclass on utilizing data while safeguarding women safety online since this has become a real issue and menace in todays’ digital era. OGBV is targeted harassment and prejudice through technology against people, disproportionately women, based on their gender. How therefore do we draw the line between freedom of expression and outright Online Gender Based Violence? GIZ and KICTANet recently held the Digital Enquirer Kit Workshop on mitigating the impacts of mis- information and dis-information and creating a safer online space for Children and Youth while tackling Online Gender-Based Violence. Who are Digital Enquirers? These are users of digital technologies who wish to make the global information and communication space a safer, more
  • 2. credible and inclusive space. Including but not limited to Activists, Human Rights Defenders , journalists, investigators, researchers, teachers and even students. The Digital Enquire Kit is an e-learning course that guides learners on the same; www.atingi.org. Apart from the existing national laws, the International Covenant on Civil and Political Rights (ICCPR) protects everyone from arbitrary or unlawful interferences with their ‘privacy, family, home or correspondence’ under Article 17. The Universal Declaration of Human Rights (UDHR) Article 12 also entails the right to privacy as an inherent human right. Why then is the right to privacy crucial to the modern world?  Privacy rights ensures your personal data is safe from groups, companies or organizations that seek to use it for commercial purposes without consent, ulterior motives or to achieve their own personal goals.  Privacy rights aid in holding those who wish to misuse our personal data accountable and protects our finances.  Privacy rights maintains your inherent right to dignity and ensures that right is respected and protected by the law.  Privacy rights promote trust and confidence thus creating a good business environment.  Privacy rights ensure we have control over our data, protects our freedom of expression, speech and reputation to enjoy a peaceful social life. Some of the key recommendations and takeaways from the 4th Privacy Symposium Africa included;  The need for harmonization and finding commonalities of data protection laws across Africa by African Data Regulators.  The importance of engaging parliamentarians on matters concerning Privacy as the Law makers in our countries.  More awareness and advocacy is crucial to ensure educated masses, law enforcers, SME’s, technology companies so as to promote compliance and reduce these crimes.  Prioritization of the rights of data subjects and putting consent at the forefront of our digital-based activities.  The need for companies to adopt privacy polies and have transparency reports to conform to data protection legal frameworks. Following the mushrooming and rapid rate of cybercrimes, it is necessary for one to learn on how to protect themselves as a data subject, for companies, organizations and the masses be educated on data protection, procedures and compliance measures lest one becomes a victim or better yet not wait for the law to catch up with you as it eventually will. “Privacy is an inherent human right, and a requirement for maintaining the human condition with dignity and respect.” – Bruce Schneier. By: Linda Gichohi