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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: Long Read
For over 20 years with the start of the first use of ICTs in the 1990s, we have seen a digital revolution in the health sector. The Covid-19 pandemic significantly accelerated the digitalisation of the health sector, and it illustrates how fast this uptake can be and what opportunities can emerge; but also, importantly, the risks that it involves.
As we've said many times before, whilst technologies can be part of the solution to tackle some socio-economic and political challenges facing our…
Content Type: News & Analysis
Le « Fonds fiduciaire d’urgence de l’Union européenne en faveur de la stabilité et de la lutte contre les causes profondes de la migration irrégulière et du phénomène des personnes déplacées en Afrique » (le « fonds fiduciaire pour l’Afrique ») ne fait pas les grands titres (et il est plutôt difficile à retenir), mais son influence est vaste et aura des conséquences pendant plusieurs décennies sur la vie de millions de personnes sur le continent africain.
Mis en place suite à la « crise…
Content Type: News & Analysis
The “EU Trust Fund for Stability and Addressing Root Causes of Irregular Migration and Displaced Persons in Africa” (EUTF for Africa) isn’t exactly headline news (and nor does it exactly roll off the tongue), but its influence is vast and will be felt for decades to come for millions of people across Africa.
Set up in the wake of the 2015 ‘migration crisis’ in Europe and largely made up of money earmarked for development aid (80% of its budget comes from development and humanitarian aid funds…
Content Type: Long Read
Immunity Passports have become a much hyped tool to cope with this pandemic and the economic crisis. Essentially, with immunity passports those who are 'immune' to the virus would have some kind of certified document - whether physical or digital. This 'passport' would give them rights and privileges that other members of the community do not have.
This is yet another example of a crisis-response that depends on technology, as we saw with contact-tracing apps. And it is also yet another…
Content Type: Advocacy
Privacy International welcomed the opportunity to contribute to the consultation on the Principles on Identification for Sustainable Development. Valuable lessons have been learnt, particularly in the last few years, on the serious consequences of identity systems. We have seen challenges in court that have found that key provisions of these systems are incompatible with the right to privacy enshrined in constitutions. We have seen civil society organisations highlighting the serious risks…
Content Type: Case Study
Having a right to a nationality isn’t predicated on giving up your right to privacy - and allowing whichever government runs that country to have as much information as they want. It is about having a fundamental right to government protection.
For the first time since 1951, Assam - a state in the north east of India - has been updating its national register of citizens (NRC), a list of everyone in Assam that the government considers to be an Indian citizen. The final version, published in…
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: Advocacy
Privacy International welcomes this opportunity to submit comments to the FATF consultation. The draft recommendation is an improvement on existing guidance that we have reviewed.
We also welcome the calls of the FATF for accommodations that will relieve burdens upon individuals who are being excluded from the financial sector, as a result of the FATF’s prior recommendations.
PI believes that identity systems must empower people. The initial question surrounding the development of any…
Content Type: News & Analysis
On 30 January 2020, Kenya’s High Court handed down its judgment on the validity of the implementation of the National Integrated Identity Management System (NIIMS), known as the Huduma Namba. Privacy International submitted an expert witness testimony in the case. We await the final text of the judgment, but the summaries presented by the judges in Court outline the key findings of the Court. Whilst there is much there that is disappointing, the Court found that the implementation of NIIMS…
Content Type: Advocacy
The UK government's Department for Digital, Culture, Media and Sport, along with Government Digital Services, made a Call for Evidence on Digital Identity.
In our response, Privacy International reiterated the need for a digital identity system to have a clear purpose, in this case to enable people to prove their identity online to access services. We highlighted the dangers of some forms of ID (like relying on a centralised database, unique ID numbers, or the use of biometrics). The…