Stalemate between KAMP and copyright board over data protection

The Kenya Association of Music Producers (KAMP) and the Kenya Copyright Board (KECOBO) are currently in a stalemate over the latter’s demands for access to KAMP’s members’ data.

KECOBO, which regulates the overall administration and enforcement of copyright and related rights in the country in line with the existing Copyright Act, has demanded that KAMP hand over all of its members’ data as a precondition for getting an operating license from the Board.

In a press statement released on Friday, KAMP Chairperson, Angela Ndambuki, informed members and the public of the ongoing dispute, which began when KAMP applied for an operating license from KECOBO in October 2022.

According to Ndambuki, KAMP has been operating in accordance with collective management regulations and submitted all necessary documents by October 26, 2022.

However, the impasse arose when KECOBO demanded that KAMP hand over all of its members’ data as a precondition for getting an operating license, in violation of the Data Protection Act.

Ndambuki stated, “This demand is contrary to section 25 of the Data Protection Act.”

The said section provides inter alia “Every data controller or data processor shall ensure that personal data is processed in accordance with the right to privacy of the data subject.”

Ndambuki went on to add, “KAMP had received explicit instructions from our members’ during the KAMP 2022 Special General Meeting not to give out their data to KECOBO or any other entity for that matter. Despite notifying KECOBO of the resolution by members, the Board has in fact doubled up on its intransigence and flatly insists on KAMP surrendering its members’ data to the Board.”

Ndambuki has also highlighted that KECOBO’s actions do not align with Kenya’s commitment to protecting and promoting the creative economy.

She stated, “We believe that KECOBO’s obstinacy is not only suspect but also shows that the Board is acting in bad faith, attempting to coerce a private entity into infringing on the Data Protection Act. KECOBO’s actions do not align with Kenya Kwanza commitment to protecting and promoting the creative economy. In fact, it seems KECOBO is fixed on destabilising the collective management edifice and rendering it ineffective.”

KAMP has taken the matter before the Cabinet Secretary Ababu Namwamba and the Copyright Tribunal for direction and hopes to have the matter resolved soon.

In the meantime, Ndambuki assures KAMP members that they will not be forced into such a situation and that the organization is dedicated to reaching a fair and equitable solution.

 

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