Awatila,
That is what it was meant to be, unfortunately, it is still alive and
kicking.
*Kind Regards,*
*David Indeje *
+254 (0) 711 385 945 | +254 (0) 734 024 856
Website: Khusoko <khusoko.com/>
<www.linkedin.com/in/david-indeje/>
On Thu, 18 Jun 2020 at 10:42, <[email protected]> wrote:
> my understanding is that cok 2010 invalidated the official secrets act
>
> —
> Sent from my mobile device
>
> On 18 Jun 2020 10:22, David Indeje via kictanet <
> [email protected]> wrote:
>
> Walu,
>
> I get you. I have also learned that if the State uses the Official Secrets
> Act 11 of 1968 especially section 3, the accused will be in hot soup more
> than what the Data protection of Computer Misuse Act stipulates.
>
> For instance:
>
> Section 3 part 12:
>
> *Presumption concerning communication with agent of foreign power*
>
> (1) On a prosecution for an offence under section 3 of this Act, the fact
> that the accused person has been in communication with, or has attempted to
> communicate with, an agent of a foreign power, whether within or outside
> Kenya, shall be evidence that he has, for a purpose prejudicial to the
> safety or interests of the Republic, obtained or attempted to obtain
> information which is calculated to be or might be or is intended to be
> directly or indirectly useful to a foreign power.
>
> (2) For the purposes of subsection (1) of this section, but without
> prejudice to the generality of that subsection, a person shall, unless he
> proves the contrary, be deemed to have been in communication with an agent
> of a foreign power if— (a) he has, either within or outside Kenya, visited
> the address of an agent of a foreign power or consorted or associated with
> such an agent; or (b) either within or outside Kenya, the name or address
> of, or any other information regarding, such an agent has been found in his
> possession, or has been supplied by him to any other person, or has been
> obtained by him from any other person.
>
> (3) Any address, whether within or outside Kenya, reasonably suspected of
> being an address used for the receipt of communications intended for an
> agent of a foreign power, or any address at which such an agent resides, or
> to which he resorts for the purpose of giving or receiving communications,
> or at which he carries on any business, shall be deemed to be the address
> of an agent of a foreign power, and communications addressed to that
> address to be communications with the agent.
>
> *Kind Regards,*
>
> *David Indeje *
> +254 (0) 711 385 945 | +254 (0) 734 024 856
>
> Website: Khusoko <khusoko.com/>
>
> <www.linkedin.com/in/david-indeje/>
>
>
>
>
>
> On Wed, 17 Jun 2020 at 20:46, Walubengo J via kictanet <
> [email protected]> wrote:
>
> True, the charge sheet is a bit faulty. Claiming it was un-authorized
> access, the employer can contradict and claim otherwise i.e the employees
> had valid access to the footage.
>
> I think the charge sheet could have been framed better under the new Data
> Protection Act of 2019.
>
> The company & its employees violated the purpose limitation principle
> which states that data collected and processed for a particular legitimate
> purpose (e.g security surveillance) cannot be re-purposed and used for
> another agenda (e.g gossip, lighting up the internet, or reporting my
> movement to spouse 😉
>
> A charge sheet based on data protection principle may have a higher chance
> of success and maybe better penalties.
>
> walu.
>
>
>
> On Wednesday, June 17, 2020, 03:07:34 PM GMT+3, Rawgee l.k via kictanet <
> [email protected]> wrote:
>
>
> Hello David,
>
> This can be found in the Cyber Crime Act.
> Unless the charge sheet is amended otherwise. ( ”An authorized
> interception of a computer data contrary to section 17(1) of computer
> misuse and cybercrime act” )
> On the contrary, someone said the ”employer” can move down to the
> employment contract on the do’s and dont’s.
>
> On Wed, Jun 17, 2020 at 12:17 PM David Indeje via kictanet <
> [email protected]> wrote:
>
> Dear Listers,
>
>
> www.k24tv.co.ke/news/it-officers-face-charges-for-leaking-footage-of-uhuru-raila-touring-cbd-at-night-22843/
> IT officers face charges for leaking footage of Uhuru, Raila touring CBD at
> night
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people’s times and bandwidth,
> share knowledge, don’t flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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