, 34 tweets, 17 min read
The petitioners have called their first witness #HudumaNamba
The witness has adopted the evidence in her affidavit and has been turned over for cross-examination by the counsel for GoK respondents #HudumaNamba
Cross-examination questions to witness @Bomu focus on the rights of children and handling of children's digital data as well as the application of other laws to #NIIMS

There should be more special safeguards on the collection of children's data and this should have been dealt with in advance says witness @Bomu in response to cross-examination questions from GoK counsels

It is not necessarily true that taking biometric data of children will reduce cases of child trafficking and child labor says witness @Bomu as cross-examination of the initial witness concludes

Lunch break in the #HudumaNamba case - proceedings resume at 2:30 with re-examination of the first witness by the petitioners

Proceedings in the #HudumaNamba case about to resume (post-lunch) with re-examination of the petitioners' first witness
Counsel for GoK permitted 5 more minutes of cross-examination #HudumaNamba
Witness is asked if the government knowing where children are born and where they live is necessary - she says it is

Re-examination now begins - witness asked and agrees despite this information being necessary, it need not be in digital form

First witness asked which areas are problematic for children. The response:

-No law that talks about collection of children’s data or issuing ID to children - Registration of Persons Act applies to citizens over the age of 18 years

Response from first witness re: children continues:

-Need special protections for the data of all persons and especially children - must ask questions spelled out in Article 24 of the Constitution: Is it necessary? Are there alternative ways to collect the data?

Witness made an Access to Information request to the Ministry of Interior to obtain more information about the #NIIMS systems and whether we are developing the technology ourselves

This was done around December 2018

So far, no response received
Witness asked about issues around profiling of children. Her response:

-Children do not have capacity to consent

-#NIIMS would have a lot of information about children that could potentially be used to manipulate their behavior
Expert witness @Bomu states she fears #digitalID because it’s like during colonial times when land was taken - but now it’s our data being taken

Also, it would become the only way to receive services, which goes to the core of the constitution

#HudumaNamba #NIIMS
“Are you no longer a person in the eyes of the government if you don’t have a digital personality?” asks first witness for the petitioners

Witness states when children reach the age of majority, they should be able to make decisions about what happens to their data that had been previously collected

Question to first witness: “Whose duty is it to explore if there is a less intrusive means of collecting the data?”

Her response: the person who made the law, meaning the Executive that developed the draft and Parliament

Re-examination of the petitioners’ first expert witness @bomu is complete

The petitioners have now called their second expert witness @iam_anandv

#HudumaNamba #NIIMS
Counsel for petitioners request to examine in chief or ask one question of the second witness prior to cross-examination due to the technical nature of his affidavit

GoK counsel opposes the application

The court has stated that in the interest of a fair trial and based on the directions given in July (to rely on evidence presented in affidavits and prioritize cross-examination during the hearings), the request to examine the witness is declined

Counsel for the petitioners @waikwawanyoike is introducing the expert witness @iam_anandv before cross-examination begins

@iam_anandv explains that he is from India and that he is a cyber-security researcher with expertise in forensic analysis of computer fraud

Expert Anand has been involved in the design of #Digitalidentity systems and has done extensive technical analysis of India’s #Aadhaar

The second expert witness adopts the evidence in his witness statement and cross-examination of the witness by counsel for GoK respondents will now begin

“If I had been designing a car for a very long time, looking at a very high level sketch of another car, it would be possible to understand the components that went into the car” says second expert witness re: his experience on #Aadhaar in application to #NIIMS

In this case, he is looking at the objective, architecture, and approach to harmonization/de-duplication of #NIIMS & #HudumaNamba as explained in GoK documents to deduce the #NIIMS design
The witness wrote in his statement a “centralized database will inevitably leak”

When asked if he can authoritatively say if #NIIMS is centralized, decentralized, or both, the witness answers it is “centralized and federated”

Decentralized would mean no link - silos of data rather than a federated database that would connect information across databases via a unique identifier, explains the second expert witness

Witness @iam_anandv shares if data collected under #NIIMS was done according to data minimization and there were no backlinks to functional databases, he would not have as many concerns

Questions to @iam_anandv have largely focused on centralized vs decentralized database architectures and on de-duplication (ensuring one person does not have more than one entry, for example) #HudumaNamba
The counsel for the 5th respondent asks whether no matter how secure a database is, there will be someone trying to hack it

The witness agrees - it’s not a uniquely Kenyan problem, “it’s a uniquely global problem”

“All governments take care to secure electronic data, but it is usually not sufficient” says second expert witness

#HudumaNamba #NIIMS
There are no publicly available documents that explain the technological architecture of #NIIMS

“Please learn from the mistakes of the #Aadhaar project so people can look at it and make it better” says witness @iam_anandv

Final question for today “Are you telling the court that the project of #NIIMS is a waste of funds and useless?”

“Yes” says @iam_anandv

The next counsel for the respondents expects to take around 1.5 hours to cross-examine witness @iam_anandv

The judges have adjourned #HudumaNamba proceedings for today, to begin again tomorrow at 10am
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