[kictanet] SIM CARD REGISTRATION & DATA PROTECTION ACT, 2019

Fri Apr 8 19:20:54 EAT 2022

Gobsmaked in deed 💯

The CA has finally stated today that kica SIM registration regs does not
require photo of subscriber to be taken

Full interview on Youtube here https://youtu.be/-SpW2rFhYxQ

On Thu, 7 Apr 2022, 17:28 Ciiru K via KICTANet, <
kictanet at lists.kictanet.or.ke> wrote:

> Dear listers,
>
> I am equally concerned by the overreach in this matter.
> For people who are outside Kenya, the list of requirements is obnoxious.
> Below are the requirements.
>  - Mobile number
> - Passport page containing your bio details.
> - Passport page containing your visa.
> - Passport page containing the exit stamp from Kenya (full page including
> the dotted passport number)
> - Passport page containing the entry stamp in your current country of
> residence(full page including the dotted passport number)
> - Scanned copy of ID(both sides)
>
> Why do they need all this information? Who will have access to it?
>
> Yours truly gobsmacked.
> Liz
>
> On Thu, Mar 17, 2022, 02:06 James Mbugua via KICTANet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Listers,
>>
>> I am not sure if I am being paranoid but the SIM card re-registration
>> order ostensibly by CA (Communications Authority) and which has mobile
>> operators asking us to te-register our SIM cards by April or risk being
>> deregistered, seems like regulatory overreach.
>>
>> CA says under the SIM Registrations regulations of 2015, MNOs are
>> required to update their registers with details including ID documents and
>> photo IDs. The reason given, ostensibly, is that many had their SIM details
>> registered before that law came into place.
>>
>> Speaking of laws coming into operation, the Data Protection Act, itself
>> came into effect in 2019. Significantly long after the said regulations.
>>
>> In seeking to protect privacy and personal data, the DPA  requires Data
>> Minimisation where personal data collected should be:
>>
>> "adequate, relevant and limited to what is necessary in relation to the
>> purposes for which they are processed (‘data minimisation’);" Sec. 25(d)
>> DPA, 2019
>>
>> This means that data that the controller does not really need to achieve
>> a specific purpose, should not be collected.
>>
>> Biometric information such as Passport Photos that the Operators will
>> take and store,for example, are in my opinion, surplus to requirements.
>>
>> The identification of the subscriber can be done without collection of
>> intrusive biometric data for example by using national IDs. CA explicitly
>> asks that the operators verify details with the Integrated Personnel
>> Registry System. so collection of biometric data to me is disproportionate
>> and cannot meet the threshold of lawful basis.
>>
>> Being the later law, and by the Huduma Number case precedent, the data
>> minimisation provisions of the DPA, 2019 in my opinion hold primacy and in
>> fact impliedly, repeal or render unlawful, the requirements for photo
>> taking for SIM registration in the 2015 regulations.
>>
>> 2. Data Protection Impact Assessment.
>>
>> Another question I would have for the CA, the Data Commissioner and
>> mobile operators, is if, as per the precedent sent by Justice Ngaah in the
>> Katiba Institute v. MoICT & others regarding the need for the conduct of a
>> Data Processing Impact Assessment, has been carried out in this instance
>> when CA proposes to have collected the data of more than 30 million
>> subscribers including biometric data.
>>
>> I think this is a plain case of flouting judicial guidance viz a viz when
>> DPIAs should be carried out and CA should have had this carried out first
>> before issuing the said directive.
>>
>> Regards,
>>
>> James G. Mbugua
>> Data Privacy Consultant & Tech Policy Blogger
>> @jgmbugua <jgmbugua at gmail.com>
>>
>>
>>
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> KICTANet is a multi-stakeholder Think Tank for people and institutions
> interested and involved in ICT policy and regulation. KICTANet is a
> catalyst for reform in the Information and Communication Technology sector.
> Its work is guided by four pillars of Policy Advocacy, Capacity Building,
> Research, and Stakeholder Engagement.
>
> 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.
>
> KICTANet - The Power of Communities, is Kenya's premier ICT policy
> engagement platform.
>
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