A Kenyan court has suspended part of a health funding agreement the government signed with the USon December 4, worth more than $1.6bn (R26.9bn), until it hears a data privacy case filed by a consumer protection group. Since then, other African nations includingRwandaandUgandahave signed similar agreements. Under the deals, countries receive US health funds but are also required to increase their own domestic health spending.
The Consumers Federation of Kenya petitioned the high court to halt the agreement until concerns over the safety of citizens’ health data are addressed. “Decision-making informed by Kenyan health data must be public, auditable and jointly supervised, with consumer representatives involved in data processing, monitoring and evaluation and independent oversight,” the federation said in a statement. High court judge Bahati Mwamuye issued an order pausing any part of the agreement that would involve the transfer or sharing of personal data of a medical, epidemiological or sensitive nature until a hearing next year.
Civil society groups have written an open letter to African heads of state urging them to demand fair terms and protect their countries’ sovereignty when negotiating terms with Washington. In addition to expressing concerns about data-sharing, they said the agreements could give the US undue leverage over African governments and lead to human rights violations. President William Ruto has sought to reassure Kenyans their data will be protected. He said on Wednesday: “The office of the attorney general went through the agreement with a fine-tooth comb to make sure the law that prevails on data that belongs to the people of Kenya is the Kenyan law.”
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