Data has a personal aspect as well as commercial aspect, among others. It
is property which upon the demise of the “owner” should pass to his/ her
estate just as is the case with other assets. The “how” of administration
of data after death ought to be covered in the data law in the making, the
law to apply alongside the law of succession.
On Wed, 12 Sep 2018, 23:58 Grace Bomu via kictanet, <
[email protected]> wrote:
> Listers,
> As we continue to discuss the data protection bill, an issue that has come
> up and is not captured in the proposed laws is the issue of legacy.
> For example, a viral clipping in social media has a newspaper report
> stating that a woman who was recently murdered was HIV positive. Normally,
> HIV status is sensitive personal information that would not be disclosed.
> Which begs the question, what should happen to personal data on the death
> of a person? Should we treat data as property that is transferred during
> succession or should anyone with a legitimate interest be able to access
> it? Should data processors/controllers have to delete such data?
>
> Is this something that should be addressed in the proposed law or should
> we wait for judicial interpretation?
>
>
> —
> Grace Mutung’u
> Skype: gracebomu
> @Bomu
> PGP ID : 0x33A3450F
>
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