NAIROBI, Kenya Oct 18-Civil organizations now want the government to conduct a Data Protection Impact Assessment as ordered by the court last week when it nullified the rollout of Huduma Namba.
The organisations want the government to undertake the project with strict adherence to legal requirements and international best practices once they commence the exercise which was nullified over violations of the act on data protection.
The Consortium of ten civil societies led Kenya Human Rights Commission (KHRC) insists that a thorough data protection impact assessment will ensure protection of rights of all citizens.
“A Data Protection Impact Assessment is designed to identify risks that might occur through processing of data and put in place proper mitigation. If designed and implemented properly, a Data protection impact assessment can reduce the risks of data breaches and intrusion of privacy,” read Yasah Musa from the Nubian Rights Forum.
The consortium of organizations are urging the government to ensure a fully inclusive identification system prior to moving forward to Huduma Namba.
They pointed out lack of access to identification system will reduce the risks that millions of Kenyans will be left behind in the transition process.
“If the Huduma Namba is rolled out, it must be done in phases with a clear transition period to eliminate discriminatory treatment and expand access to documentation under the current system,” said Robert Waweru of KHRC.
The civil society groups want the government to establish a legal framework and a robust public participation on the future of the Huduma Number identification.
“The impact of Huduma Namba calls for a national discussion about the future of identification in Kenya including public input into development of anchoring legislation, the system design, a governing body for NIIMS that can be held accountable for implementation,” Waweru said.
Full realization of the right to privacy and data protection, the groups say, will be impossible without a well resourced data protection authority. The activists are pushing for swift adoption of the draft Data Protection Regulations of 2021.
“Likewise, there is need for a protection authority capable of discharging it’s mandate under Data Protection Act. The government must realize its responsibility to comply with the Act,” they noted.
Katiba Institute and law scholar Yash Pal Ghai sued the government arguing that it was wrong for it to roll out the Huduma cards, before conducting a Data Protection Impact Assessment.
The civil bodies included Katiba Institute, Heralding Development Organization, Article 19 Eastern Africa,Nubian Forum,Defenders Coalition, Namati Kenya,Access Now, Haki Centre and Centre for Minority Rights Development.
