The Huduma Namba Bill 2021 seeks a Sh5 million fine or five years imprisonment for individuals who unlawfully and intentionally disclose and disseminate Huduma Namba information.
Those who give false information or make false declarations for Huduma Namba registration also face a Sh3 million fine or three years in prison.
The Huduma Namba Bill, 2021 seeks to curb unlawful use of information like names, date of birth, postcode and residences.
The proposed law ropes in the provisions of the Data Protection Act in the processing of personal data under Huduma Namba.
The Bill seeks to unlock an impasse in the roll-out of Huduma Namba cards to Kenyans after the High Court declared the illegal for being in conflict with the Data Protection Act.
The government had spent more than Sh10 billion in the exercise which in September saw it issue only 7.3 million cards even as it seeks to withdraw the current national identity card in the next few months.
Those who forge documents to facilitate enrolling into the National Integrated Identity Management System (NIIMS) database, impersonate another person by providing any false biometric information or illegally influence the decision of NIIMS officers face punitive fines.
“A person commits an offence in respect of Huduma Card where the person unlawfully alters or modifies any information available on the Huduma card, unlawfully makes, produces, prints, design or distribute a Huduma card or permits unathorised of their Huduma card by another person,” the Bill states.
The Bill prohibits disclosure, transmission and dissemination of any foundational data collected under the Huduma Namba to any authorised person.
The Bill defines foundational data to include an individual’s full name, date of birth, place of birth, gender, photograph, biometric data and nationality. The Bill restricts sharing of personal data and prohibits publication, display or public posting of biometric data collected under the Huduma Namba. Justice Jairus Ngaah in October ruled that the government should have conducted impact assessment before rolling out the Huduma cards.
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