By Beatrice Mungai
Following the judgement in the case of Nubian Rights Forum & 2 others v Attorney General & 9 others (Huduma Namba case), the Ministry of Interior and Coordination of National Government released the draft Registration of Persons (NIIMS) regulations. The draft Regulation intends to operationalize Section 9A of the Registration of Persons Act that establishes the National Integrated Information Management System (NIIMS). The court ordered that the government is at liberty to proceed with the implementation of NIIMS but on the condition that an appropriate comprehensive legal framework is first enacted.
This blogpost gives a brief overview of the draft regulations and comments on further issues that the regulations should consider in view of the Huduma Namba Judgement.
Comment on the Draft NIIMS Regulations
The first of the draft regulation deals with definition of terms and its scope of application. Whereas the part gives a distinction between huduma card and huduma namba, as well as between functional and foundational data, it fails to define several key terms.
The regulations uses “agency” but fail to specify whether this refers only to public agencies. It is also not clear if the regulations also apply to private agencies carrying out authentication using Huduma Namba. The term “biographic data” also needs to be defined so as to specify what kind of data falls under this category, especially since the processing of data may infringe on privacy. Hence the need t have clarity on the exact data types that may be collected. The regulations should also elaborate on what “multipurpose” means so as to provide a clear limit on the purposes for use of Huduma Namba.Continue reading