Plans to Monitor Mobile Phones in Kenya Face Backlash

Kenya’s biggest telecoms operator, Safaricom, a section of the Civil Society is pushing back against regulator’s plan to monitor mobile phones, arguing that it infringes on the privacy of the consumers.

The Communications Authority of Kenya wants to install equipment in the networks of Safaricom, Airtel and Orange Telecom Kenya to allow them tap into their computers with a device to improve its monitoring of counterfeit mobiles.

The tapping process will be carried out by a contracted company by a Lebanese firm, Broadband Communications Limited, that will hook into all Mobile Network Operators and access all the information from voice, data and text messages.

Henry Maina, Regional Director, ARTICLE 19 Eastern Africa says CAK must ensure rights of data subjects and publicise compensatory mechanisms for any breaches as it seeks to fight counterfeits.

Maina also says the country needs to have effective laws in place.

“Kenya must pass good Data Protection and Privacy law lest we lose outsourcing jobs,” he said on his Tweeter feed.

Kenya must pass good DataProtection&Privacy law lest we lose outsourcing jobs. @article19eafric @CA_Kenya @CSMucheru #MobilePrivacyisMyRight

— HENRY MAINA (@MAINAOH) February 17, 2017

He also questioned the standards that can be used to know if a phone on the market is substandard or counterfeit.

The Kenya Human Rights Commission (KHRC) in a statement said upholding the right to privacy is a core constitutional obligation.

KHRC cited Article 31of the Constitution that enshrines the right to privacy for all Kenyans.

“It has now emerged that the sanctity of this constitutional provision is under threat by the Government through the Communications Authority, a government agency whose mission is to facilitate the transformation of lives through progressive regulation of the information and communications technology sector,” read the statement urging all telecommunications service providers to resist the move by the regulator and to protect the right to privacy of Kenyan consumers.

Reuters Africa quoted Stephen Chege  Safaricom’s corporate affairs director  who stated that, “We have registered our strong reservations about this and especially the need to have this system subjected to the relevant public debate as it touches on confidential communications belonging to our customers.”

However, in a media briefing on Friday, CA director general Francis Wagusi said the country has over the years deployed systems to ensure only authorized communications devices are in use in the ICT market.

“Initially, an SMS-based mobile device verification service “1555” short code was set up for verification of devices before purchase,” he said.

He said contrary to the reports, Device Management System manages entry of illegal devices and prevents illegal access of information.

“We are protecting you. The DMS facilitates denial of services that are counterfeits and stolen phones. It black lists stolen phones from entering the country,” he said.

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) say Kenya stands at abusing the absence of a data protection law which is not a positive advancement – it goes against the Constitution.

#Kenya has no #DataProtection law which puts citizen data at risk of abuse #mobileprivacyismyright

— CIPESA (@cipesaug) February 17, 2017

CIPESA discloses that Internet Service Providers often get caught between government surveillance instructions and client or customer trust.

“Third party access to the private data of citizens undermines the right to privacy! Kenya has no Data Protection law which puts citizen data at risk of abuse. Mass surveillance should not be legitimised by governments under any guise,” CIPESA Tweeted.