Beyond the ‘Brussels Effect’? Kenya’s Data Protection Act (DPA) 2019 and the European Union’s General Data Protection Regulation (GDPR) 2018

Mukiri‐Smith, Hellen; Leenes, Ronald

doi:10.21552/edpl/2021/4/7

Cited by 7 publications

(2 citation statements)

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“…1 In this area, as in many others, by wielding its economic potential and large consumer pool, the EU has been able to induce market players to adjust their policies to the new standardsat least to a certain extent. Additionally, the so-called Brussels effect (Bradford, 2012(Bradford, , 2020 has encouraged many non-European states to emulate the EU's approach in numerous policy fields (Greenleaf, 2021;Gunst and De Ville, 2021;Mukiri-Smith and Leenes, 2021;Rustad and Koenig, 2019).…”

Section: Introduction: the European Union's Digital Agendamentioning

confidence: 99%

Embedding digital economy: Fictitious triple movement in the European Union's Artificial Intelligence Act

Mazur

Włoch

2023

Social & Legal Studies

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In this article, we show how the European Union styles itself as the sole political actor able to effectively protect its citizens from the threats engendered by new technologies while balancing the relations between digital markets and the member states through ground-breaking regulations. To this end, we trace manifestations of this approach within the proposed Artificial Intelligence Act. We argue that the Act, while evoking the value of fundamental rights protection, does not support genuine emancipation of citizens in the digital world, as it hands over the issue of protection to expert bodies and institutions. The European Union's unique approach to regulation of the digital economy does not reflect the triple movement postulated in Nancy Fraser's critique of Karl Polanyi's double movement as it does not include solutions that would allow the societal actors to enforce their rights concerning artificial intelligence. Thus, the Act serves mostly as a tool to build the European Union's political position.

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Section: Introduction: the European Union's Digital Agendamentioning

confidence: 99%

Embedding digital economy: Fictitious triple movement in the European Union's Artificial Intelligence Act

Mazur

Włoch

2023

Social & Legal Studies

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“… 15 , 16 This shift is arguably meant to promote data sovereignty and greater control over access and utilization, as well as data security against misuse and exploitation. 17 , 18 However, arguments against data localization, especially where the localization is in the form of on-premise hosting environments are emerging in the literature, including the costs of upfront infrastructure set-up and appropriate human resources, inefficiencies in data processing and management, and difficulties in ready access to the data. 17 – 19…”

Section: Introductionmentioning

confidence: 99%

Integrating digital solutions into national health data systems through public–private collaboration: An early experience of the SPICE platform in Kenya

Gathecha,

Ombiro,

Shelden

et al. 2023

DIGITAL HEALTH

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Public–private collaborative efforts to address healthcare challenges in low- and middle-income countries have been the focus of digital initiatives to improve both access and quality of health services. We report the early feasibility, experience, and learnings of migrating healthcare data generated from a proprietary, privately owned cloud-based environment into an on-premises National Health Data Center (NHDC) in compliance with Kenya's data management legislation. In 2018, Medtronic LABS entered into a partnership with the Kenya Ministry of Health and other stakeholders to improve access to quality services and data availability for non-communicable diseases (diabetes and hypertension), anchored on the SPICE digital health platform. Data migration from SPICE to the NHDC necessitated the establishment of multi-stakeholder coordination structures, alignment on system configuration requirements, provisioning of on-premises servers, data replication and monitoring. The data replication process showed consistency in format and content with no evidence of data loss. The monitoring of the server uptime and availability, however, exposed overall downtime of 15% of the total time tracked between April and December 2022 caused by Internet Protocol address configuration issues, power outages, firewall rule changes, and unscheduled system maintenance. Monthly tracked downtime however reduced from a high of 28% in April 2022 to 5% in December 2022. Our early experience shows that data migration from proprietary host environments to public “one-stop-shop” national data warehouses are feasible provided investments are made in the requisite infrastructure, software and human resource capacity to ensure long-term sustainability, maintenance, and scale to match cloud-based data hosting. Further, digital health solutions developed in collaboration with non-state actors can be integrated into national data systems, saving Governments the cost and efforts of building similar tools while leveraging private sector capacity.

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Data Protection Challenges in the Processing of Sensitive Data

Herath,

Madhusanka

et al. 2024

Data Protection

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Beyond the ‘Brussels Effect’? Kenya’s Data Protection Act (DPA) 2019 and the European Union’s General Data Protection Regulation (GDPR) 2018

Cited by 7 publications

References 0 publications

Embedding digital economy: Fictitious triple movement in the European Union's Artificial Intelligence Act

Embedding digital economy: Fictitious triple movement in the European Union's Artificial Intelligence Act

Integrating digital solutions into national health data systems through public–private collaboration: An early experience of the SPICE platform in Kenya

Data Protection Challenges in the Processing of Sensitive Data

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