[kictanet] Safaricom repossessing numbers (What the heck!)

Fri Sep 4 18:05:59 EAT 2020

Pole sana Brian.

@Ali Hussein has highlighted a very important aspect of this conversation -
The Data Protection Act, 2019 which highlights all these wrong doings of
SAFARICOM.

@Muthoka Ndambuki, not withstanding Safaricom's fine print in their terms
and conditions; Safaricom act as a DATA CONTROLLER / PROCESSOR thus bound
by the letter of the law and cannot hide behind their fine print! The ACT
states in PART 4 (just picked what I found to be parts that SAFCOM is
ignoring): -

 PART IV—PRINCIPLES AND OBLIGATIONS OF PERSONAL DATA PROTECTION
25. Every data controller or data processor shall ensure that personal data
is —
(a) processed in accordance with the right to privacy of the data subject;
(b) processed lawfully, fairly and in a transparent manner in relation to
any data subject;

26. A data subject has a right —
(a) to be informed of the use to which their personal data is to be put;
(b) to access their personal data in custody of data controller or data
processor;
(c) to object to the processing of all or part of their personal data;
(d) to correction of false or misleading data; and
(e) to deletion of false or misleading data about them.

Attached please find the ACT.

There has been an analysis of this ACT also done by PRIVACY INTERNATIONAL
titled *Analysis of Kenya’s Data Protection Act, 2019*
<https://privacyinternational.org/advocacy/3348/analysis-kenyas-data-protection-act-2019>
which needs to be revisited and further analysed and the necessary organs
of the government sat down to relook at this.Safaricom in this particular
case IS ACTING with IMPUNITY and it needs to be stopped!

Brian and all others affected, I believe you have a case against SAFARICOM.

GG, can we get MPs onto this as we did the Senators and present this? This
needs to be sorted TOO MANY people are following victims to safaricom.

THK

On Fri, Sep 4, 2020, 4:55 PM Muthoka Ndambuki via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Pole Brian,
>
> Lakini hiyo fine print iko hivyo. Check below section 1 part c.
>
>
> https://www.safaricom.co.ke/images/Downloads/Terms_and_Conditions/Conditions_of_use_of_the_Safaricom_Services_Ts_Cs_final_7_7_2020.pdf
>
>
> On Fri, Sep 4, 2020 at 2:39 PM Erick Mwangi via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Apologies Brian!
>>
>> I too am keen to hear what CA says.
>>
>> Unfortunately this practice has existed for quite sometime now. I have
>> "lost" two numbers now and painstakingly delinked my personal data twice,
>> Safaricom was hearing none of this. Now what I have resulted doing is; my
>> niece in Uni has the enviable task of loading 5bob every month to my line
>> so that Safaricom do not sell the line to someone else - so much for
>> Silicon Savannah. 🚶
>>
>> On the flipside, I acquired someone's line and well not very nice
>> conversations when people you don't know call you and accuse you of all
>> sorts of things.
>>
>> Good Luck, you will need it!
>>
>> E Njoroge Mwangi
>> Technology| FINTECH | Big Data
>>
>> Cell +44 7539372742
>> Skype: Erick.mwangi
>>
>>
>> On Fri, Sep 4, 2020 at 11:49 AM Ali Hussein via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Brian
>>>
>>> You raise very pertinent and interesting issues that are tied to Data
>>> Privacy and Protection. You deserve a full explanation, apology, and
>>> restitution from Safaricom.
>>>
>>> It will also be interesting to get comments from the CA.
>>>
>>> Regards
>>>
>>> *Ali Hussein*
>>>
>>> Digital Transformation
>>>
>>>
>>> Tel: +254 713 601113
>>>
>>> Twitter: @AliHKassim
>>>
>>> Skype: abu-jomo
>>>
>>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>>> <http://ke.linkedin.com/in/alihkassim>
>>>
>>>
>>>
>>>
>>> Any information of a personal nature expressed in this email are purely
>>> mine and do not necessarily reflect the official positions of the
>>> organizations that I work with.
>>>
>>>
>>> On Fri, Sep 4, 2020 at 1:43 PM Brian Munyao Longwe via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Hey Wash!
>>>>
>>>> So - Kenya passed number portability regulations some years back. If I
>>>> can choose to port this number to Airtel or Equitel or Telkom or any other
>>>> operator licensed by CA - doesn't this imply that the number is
>>>> inextricably linked to me?
>>>>
>>>> What does the law and other regulations and MNO licenses say about this?
>>>>
>>>> Brian
>>>>
>>>> On Fri, Sep 4, 2020 at 12:06 PM Odhiambo Washington <odhiambo at gmail.com>
>>>> wrote:
>>>>
>>>>>
>>>>>
>>>>> On Fri, 4 Sep 2020 at 12:08, Brian Munyao Longwe via kictanet <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>>> Hi folk,
>>>>>>
>>>>>> It's been a long time. I hope you are all well?
>>>>>>
>>>>>> So - mimi niko na issue.
>>>>>>
>>>>>> My Safaricom number 0715964281 has apparently been repossessed and
>>>>>> sold to someone else. The other day I opened up my Safaricom app to send
>>>>>> some m-pesa to my daughter as she transits through Nairobi from Malaysia
>>>>>> and shock on me! It displayed the name as "Beatrice Chelangat"
>>>>>>
>>>>>> As many of you know - I have been "diaspora" for a good number of
>>>>>> years (close to 9) and am currently based in Malawi. I went to the Kenyans
>>>>>> in Malawi Whatsapp group and mentioned the issue and was told that my line
>>>>>> is gone because I failed to top up in over 6 months. (This is very true, I
>>>>>> think the last time I used the line was more than 8 months ago).
>>>>>>
>>>>>> What I find surprising is that this has never been a problem in the
>>>>>> preceding 9+ years that I have been diaspora. My line has many times gone
>>>>>> more than 6,7,8 months without a topup - but always "wakes up" when I load
>>>>>> airtime. And m-pesa has always worked. What gives?
>>>>>>
>>>>>> I am distressed because my m-pesa, my e-Citizen, NTSA, bank accounts
>>>>>> and many other digital assets / identity related items are linked to this
>>>>>> number which I have had for the past 15+ years. My digital identity (and
>>>>>> that of many others in similar predicament) is at risk. How did CA allow
>>>>>> this kind of reappropriation to happen without an extensive process?
>>>>>>
>>>>>> I would expect that at a minimum - after the expiry of a period of
>>>>>> non-use, and several alerts sent to the number Safaricom (or any other
>>>>>> mobile operator) should publish a gazette notice listing numbers (and
>>>>>> associated registered persons) they want to deactivate/repossess and allow
>>>>>> a period (3 months?) for the owners to claim their number. At the end of
>>>>>> this period then admittedly no one should complain.
>>>>>>
>>>>>> Otherwise as far as I am concerned I have just been the victim of a
>>>>>> sim-cloning scam perpetrated by the same company that provides me with the
>>>>>> telecoms service!
>>>>>>
>>>>>> I would like to hear what the thoughts of the many much brighter
>>>>>> people than me on this group are....
>>>>>>
>>>>>> Best regards,
>>>>>>
>>>>>> Mblayo
>>>>>>
>>>>>>
>>>>> Hi Mblayo,
>>>>>
>>>>> Hope you are doing well in Malawi.
>>>>>
>>>>> TBH, I don't remember when or even how Safaricom introduced this
>>>>> change. I first heard it when I called their Customer Care.
>>>>> What I think you should do it look for the initial dotted lines that
>>>>> you signed to see if that provision was there.
>>>>>
>>>>> --
>>>>> Best regards,
>>>>> Odhiambo WASHINGTON,
>>>>> Nairobi,KE
>>>>> +254 7 3200 0004/+254 7 2274 3223
>>>>> "Oh, the cruft.", grep ^[^#] :-)
>>>>>
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>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
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>> online that you follow in real life: respect people's times and bandwidth,
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>>
>
>
> --
> Regards,
> Muthoka Ndambuki.
>
>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>

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