Thread by @MercyMutemi

Gearing up for the hearing on the Constitutionality of #HudumaNamba this morning.

So many issues raised in this case. #Dataprotection #RighttoDignity #Publicparticipation #Publicprocurement #Seperationofpowers #AccesstoInformation

@Bomu sworn in as the first expert witness in the #HudumaNamba case.

@Bomu @Bomu: there is no information in the public domain on NIIMS. All we know is what is in the amendment to the Registration of Persons Act.

#HudumaNamba case.

@Bomu @Bomu: In its current design, there is no benefit to be derived from #NIIMS

#HudumaNamba case.

@Bomu @Bomu: Digitalisation is harmful to children. We should not, as adults, make harmful decisions on behalf of children that will impact their life forever.

#HudumaNamba case.

@Bomu @Bomu: This is why NIIMS is problematic for children:
(a) No law allows collection of children’s data (Registration of Persons Act only applies to KENYAN ADULTS.

#HudumaNamba case

@Bomu @Bomu: (b) NIIMS allows collection of data without asking ‘is it necessary to collect data on children’. Even if it was necessary to collect children data, is #NIIMS the least restrictive way to collect data

#HudumaNamba case.

@Bomu @Bomu: We wrote to the @InteriorKE asking for details on NIIMS- they did not reponse.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu; Government has a duty to give information on #NIIMS proactively.

#HudumaNamba case

@Bomu @InteriorKE @Bomu: Zimbabwe facial data was sold to China to develop Artificial Intelligence on how to read African faces.

#HudumaNamba case

@Bomu @InteriorKE @Bomu: Children have no capacity to consent without the option to opt out when they attain the age of majority.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu: Biometric collection of children data WOULD NOT automatically stop child trafficking

#HudumaNamba case

@Bomu @InteriorKE @Bomu: #NIIMS does not adhere to Article 24 of the Constitution.

#Huduma Namba case

@Bomu @InteriorKE @Bomu: There are no safeguards on how children data will be safeguarded.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu: During collection of data there was no consent sought in the Data Capture Form. One was only required to confirm that the information given was correct. That is not consent.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu: #DigitalID takes us back to colonial times. Everybody is being transformed to data. Lower income countries depend on high income countries for technology. We are importing their principles. Forgetting our past.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu: That one can only access services if they have a #HudumaNamba goes against our sovereignty.

#HudumaNamba case

@Bomu @InteriorKE @Bomu: The Registration of Persons Act does not give any special principles to be considered when processing children data

@Bomu @InteriorKE @Bomu: We are in the age of #Bigdata where people want to collect as much information as possible.

The principles of #Adequacy on the other hand requires that we collect only the information that is required for a specific purpose.

#HudumaNamba case.

@Bomu @InteriorKE @Bomu: #NIIMS also does not provide for the rights of data subjects.

#HudumaNamba case

@Bomu @InteriorKE @iam_anandv sworn in as the petitioner’s second expert witness in the #HudumaNamba case.

#NIIMS

@Bomu @InteriorKE @iam_anandv @iam_anandv is from India. He holds a Bachelor in Computer Science. He is a cybersecurity researcher with interests in computer frauds, forensic analysis of computer frauds and financial modeling.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv has been involved in the design of digital systems and #Aadhar (the Indian Digital ID system).

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv also has experience in providing evidence in court on the #Aadhaar case. His writing was also taken into account by the Indian Court in its judgement.

#HudumaNamba case

@Bomu @InteriorKE @iam_anandv @iam_anandv: #OTMorpho is the only vendor that could provide the algorithms used in #Aadhaar and #NIIMS. It is possible to deduce the pitfalls of a system based on those algorithms or any similar ones.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: Any biometric matching, the output is probablistic.

#HudumaNamba case

@Bomu @InteriorKE @iam_anandv @iam_anandv: The government of Kenya has not expressly said they used #OTMorpho algorithms for #NIIMS. It is hard to tell which algorithms they used.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: #Aadhaar data was corrupt for a number of reasons. Not just at the collection stage.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: #NIIMS is functionally and structurally similar to #Aadhaar

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: #NIIMS is centralized and federated. Centralized because all data is kept in a single database. Federated because functional databases are divided to bits for management.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: Even if #GoK has not made public how #NIIMS is designed the affidavits sworn by the respondents are enough to understand what kind of a system it is.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: Biometrics is not bad technology BUT it has very specific uses if used correctly and accurately.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: Early comments on #Aadhaar were hugely positive at the beginning. After implementation, the problems started to appear and shifted expert opinion on the same.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv @iam_anandv: #NIIMS is a waste of time and government resources in my expert opinion.

#HudumaNamba case.

@Bomu @InteriorKE @iam_anandv End of Day 1 in the #HudumaNamba case. Hearing to continue tomorrow.