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

Benson Muite benson_muite at emailplus.org
Thu Mar 17 10:20:26 EAT 2022


It is interesting to observe that MTN is re-branding to become a 
data/technology company  - full details are unclear, but it maybe 
something that other telecommunications companies in Africa may also do. 
Anti-trust regulations have had an interesting history in the USA, for 
example [1] and [2].

[1] https://en.wikipedia.org/wiki/United_States_v._Microsoft_Corp.
[2] https://en.wikipedia.org/wiki/Breakup_of_the_Bell_System
On 3/16/22 11:25 PM, kanini mutemi via KICTANet wrote:
> @Mwendwa Kivuva <mailto:Lordmwesh at gmail.com> Let us not conflate issues. 
> ALWAYS treat mobile banking (and banking in general) quite separate from 
> other services offered by MNOs. A practical problem- @James Mbugua was 
> right on data minimization (I would add necessity as well) disqualifying 
> the current directive by CA. If you speak of harmonization of 
> regulations, you can no longer rely on minimization and necessity 
> because a need (banking) has been created. While all these things begin 
> with a SIM Card registration, MPESA requires a further positive step of 
> registration. At that point, we can safely speak of harmonization and 
> requiring more information to prevent financial crimes etc. Different 
> products, different markets.
> 
> Are we sure CA is the source of the photos directive? (Kindly share the 
> directive if you have access to it). The Regulations only allow this 
> information to be collected during SIM Card registration-
> 
> 5 (1) A person who intends to register a SIM-card shall provide the 
> following particulars to the telecommunications operator or agent—
> 
> (a)	
> 
> full names;
> 
> (b)	
> 
> identity card, service card, passport or alien card number;
> 
> (c)	
> 
> date of birth;
> 
> (d)	
> 
> gender;
> 
> (e)	
> 
> physical address;
> 
> (f)	
> 
> postal address, where available;
> 
> (g)	
> 
> any other registered subscriber number associated with the subscriber;
> 
> (h)	
> 
> an original and a copy of the national identity card, service card, 
> passport or alien card;
> 
> (i)	
> 
> an original and a copy of the birth certificate, in respect of 
> registration of minors;
> 
> (j)	
> 
> subscriber number in respect to existing subscribers;
> 
> (k)	
> 
> an original and true copy of the certificate of registration, where 
> relevant;
> 
> (l)	
> 
> a letter duly sealed by the chief executive officer or the person 
> responsible for the day to day management of the statutory body.
> 
> 
> (while your ID would normally have a photo- it is vastly different from 
> a digital photo which can become part of a biometric register).
> 
> 
> I cannot insist on this enough, a SIM Card registration is not the same 
> thing as MPESA (or other mobile money platform registration). The 
> requirements for SIM Card registration have to remain as basal as possible.
> 
> 
> On Wed, Mar 16, 2022 at 9:33 PM Mwendwa Kivuva via KICTANet 
> <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> 
> wrote:
> 
>     Since SIM card data is used by a large section of the population for
>     mobile banking (Safaricom has 30 million mobile money customers) -
>     and banking regulations require a photo ID, should the regulation be
>     harmonised for all mobile money customers to provide their photo ID?
> 
>     KICTANet had a Thought Leadership Forum with the ODPC, and the
>     question of DPIA came up. I can't remember the response. The
>     recording of the forum is available here
>     https://youtu.be/Rmdvoc8Valo <https://youtu.be/Rmdvoc8Valo>
> 
>     On Wed, 16 Mar 2022, 16:04 James Mbugua via KICTANet,
>     <kictanet at lists.kictanet.or.ke
>     <mailto: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 <mailto: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
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> 
> -- 
> *Mercy Mutemi, Advocate*.
> 
> */
> /*
> 
> 
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