By RFIPalled on 14-08-2019Modified on 14-08-2019 at 22:11
The Kenyan Ministry of the Interior released a bill last July on the installation of surveillance cameras in all public places in the country. A project that worries human rights NGOs, including Amnesty International. In a note published Wednesday, August 14, the organization makes several recommendations. In his viewfinder, the risks of abuse in the surveillance of civilians and guarantees on their right to privacy.
In a few weeks, cameras will appear in all public places in the country, such as hospitals or public gardens. Civilians can be observed 24 hours a day, 7 days a week, without really knowing how long the recordings will be kept, and especially what they will be used for.
Amnesty International Kenya is therefore concerned about a surveillance system such as China or Hong Kong. Both use this system to control every act and every act of their citizens. Without going that far, participants in demonstrations, for example, could still be stuck.
In addition to respect for human rights, the organization is also concerned about the protection of the privacy of civilians. In Kenya, no data protection law has been passed for the moment. There have been bills tabled in the National Assembly again this year, but this one is still in the discussion stage. Pending a law, it would be easy for a malicious organization to retrieve information to serve its own interests, without the knowledge of Kenyan citizens.
■ Two questions to Ephraim Percy, a lawyer and technology analyst
RFI: What is the degree of protection of personal data in Kenya?
Ephraim Percy: The situation is appalling. In the last ten years, Kenyan personal data has often been used for bad purposes. Exelmple with the period of the presidential election of 2017. This data was exploited by Google Analytica to help the president in his election campaign.
We meet regularly with activists to explain the importance of having a data protection law. Without regulations to protect personal information, the internet becomes a real Wild West!
At the government level, a bill has been tabled in the National Assembly. Its content is excellent: it determines at the same time the rights of use of the personal data by the companies and their subcontractors, but also the duties and obligations of the Internet users. Everything is perfectly listed.
Unfortunately, in my opinion, we are still far from being adopted because the law is still at the stage of discussion. We really need it to be applied right now!
Is the situation unique to Kenya or are other African countries also concerned by this problem?
Of the 54 countries on the African continent, only 25 or 26 have adopted a law on the protection of personal data, only half. And again, of the countries that have laws, only nine of them have an effective data-management system. For the rest, it remains only rules written on a piece of paper, without there being any real action in case of problem.
There is the African Union convention on cybersecurity and the protection of personal data signed in 2014. But it has not been fully implemented. Fifteen signatures are needed to make it truly effective. Unfortunately, for the moment, only five countries have ratified this convention, so it still lacks ten.
The situation might change someday, but when? In my opinion, two countries could still be cited as examples for their data protection system. South Africa first, and then Ghana. Both countries have specific laws that seem to work. They are really trying to ensure that the protection of personal data is set up and to respect the privacy of Internet users.
It is true that Africa is very behind this problem. But to be honest, I think the main reason is that we have other issues that are much more urgent to deal with.
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