"This report assesses the extent to which the public participated in three recent ICT policy and law-making processes. These include the National Information Communications and Technology (ICT) Policy, 2019, the Computer Misuse and Cybercrimes Act, 2018, and the Data Protection Act, 2019 [...] Gener ... ally, the government is yet to put in place a holistic, multi-disciplinary, multi-stakeholder, mechanism for public participation. For example, the Public Participation Bill, 2019 which could provide the framework for effective public participation, has not yet been enacted. Specifically, the three ICT processes were marked by cross-cutting inconsistencies in the interpretation and application of public participation. State agencies failed to: inform the public with objective, baseline research to enable stakeholders to understand the problem or need to be addressed by a process, and solutions proposed; consult stakeholders, and provide them with sufficient time to contribute to public calls for input, or give feedback on the consideration of stakeholder submissions; involve stakeholders to contribute to the processes from the beginning, avail equal opportunities for different stakeholders to contribute to the processes, or avoid duplication of processes; and, collaborate with stakeholders in decision-making to ensure consensus and balancing special interests against stakeholders’ inputs, evidence and facts." (Executive summary) more

"This report has documented the surveillance measures and practices in Kenya and Uganda during the first year of the COVID-19 pandemic. The key trends include poor oversight over COVID-19 data collection, the lack of independent data protection authorities, the use of telecommunications data to ‘t ... rack and trace’ individuals, the surveillance of public spaces using CCTV and biometric technologies, the possession of broad search powers by medical and public health officers, and a lack of transparency and accountability by state and nonstate actors. Also, the coronavirus apps deployed in both countries presented new challenges including their limited impact and effectiveness, non-compliance of the apps with privacy standards, their inadequate privacy policies, and a lack of transparency in partnerships. While international human rights law and the constitutions in both countries guarantee the protection of the rights to privacy, data protection, and freedom of expression and information, these were not complied with during the pandemic period. The result is an overall expansion of the surveillance environment in Kenya and Uganda, leading to interference with, and infringements and violations of these rights, a situation which is worrying if left unchanged." (Conclusion, page 20) more