A year after halting Kenya's Huduma Namba, the country's controversial biometric ID scheme, the High Court of Kenya declared that its rollout was illegal and asked the government to conduct a privacy impact assessment. MediaNama has reviewed a copy of the judgement. In Thursday's judgement by Judge Ngaah Jairus of the Kenyan High Court, it said that the digital ID programme was ultra vires to Section 31 of Kenya's Data Protection Act, which mandates that where a 'processing operation is likely to result in high risk to the rights and freedoms of a data subject, the data controller or processor must carry out a Data Protection Impact Assessment'. The respondents, in my humble opinion, have not appreciated the import and the extent of the application of the Data Protection Act, with respect to collection and processing of data collected under the National Integrated Identity Management System. If they did, they would have given effect to section 31 of the Data Protection Act and conducted a data impact assessment before processing personal data and rolling out the Huduma Cards — Justice Ngaah Jarius in the judgement What else does the judgement say? a. The order of certiorari is hereby issued to bring to into this honourable court and quash the respondents’ decision of 18 November 2020 to roll out Huduma Cards for being ultra vires section 31 of the Data Protection Act, 2019. b. The order of mandamus is hereby issued compelling the respondents to conduct a data protection impact assessment in…
- The Fine Line: Regulating Real Money Gaming in India #QuickTake February 4, 2023
- Join the Club: Along with Telegram, WhatsApp Also Faces Copyright Infringement Cases at Delhi HC February 4, 2023
- Microsoft Teams Premium to incorporate ChatGPT: 4 key take aways February 3, 2023
- Update: Supreme Court Asks Indian Govt to Produce Records Issued To ‘Block’ BBC Documentary February 3, 2023
- RTI: Nearly 5,000 URLs blocked under Section 69A in the first 10 months of 2022 February 3, 2023
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
India's smartphone operating system BharOS has received much buzz in the media lately, but does it really merit this attention?
After using the Mapples app as his default navigation app for a week, Sarvesh draws a comparison between Google Maps and Mapples
The regulatory ambivalence around an instrument so essential to facilitate data exchange – the CM framework – is disconcerting for several reasons.
The provisions around grievance redressal in the Data Protection Bill "stands to be dangerously sparse and nugatory on various counts."
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...
135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...