May 17, 2022

High Court Declares Huduma Namba illegal

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The High court has declared Huduma Namba illegal
Justice Jairus Ngaah said that it conflicts with the Data Protection Act, 2019.
Section 31 of the Data Protection Act requires data processing to be preceded by a data protection impact assessment to assess any data processing risks so that they can be mitigated.
“An order is hereby issued quashing the government decision of November 18, 2020, to roll out Huduma cards for being ultra vires of the data protection act 2019,” Ngaah ruled.
Katiba Institute moved to court to stop the roll out of the cards by the State. They argued that there is no data protection impact assessment as per Section 31 of the Data Protection Act, 2019, and the roll out of the Huduma nNamba the respondets flouted the judgement of the court issued early last year.
“Order of mandamus is hereby issued compelling the government to conduct a data protection impact assessment in accordance with section 31 of the data protection act before processing of data and rolling out the Huduma cards,” the Judge ordered.
The judge observed that the assessment was not done before rolling out the Huduma Namba. He said the assessment is aimed at flagging risks that could reveal breaches of privacy, loss of data and unlawful use of information like names, date of birth, postcode and residences.

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