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

Mon Mar 21 11:42:48 EAT 2022

 Interesting discourse.
I didnt know CA had a directive for SIM card re-registration but that's besides the point since its their mandate. The issues here is whether collecting photos of data subjects during registration is an overeach.
>From reading various comments its seems we have CA regulations, Banking regulations and Data Protection Regulations coming into play. It looks like Listers agree that the stringent Banking Regulations (e.g KYC) may kick in for MPESA registration, but not necessarily for basic subscriber (eg voice) registration. 
The argument seems to be whether the basic subscriber (SIM card) registration for say voice services, should be accompanied with digital photos since this may violate the data minimization principles of the Data Protection Act.
I am persuaded that this is a valid concern - However, I request the lawyers to expand their search further and review the security laws. Is it possible that the Security Laws (as amended over time) could have enhanced basic service (eg for voice) registration to include photos of the subscriber?
Such that in case there is a terror attack and the terrorists use voice communication (and not necessarily mobile money),  one would still want to track them down using their mug-shot?
the lawyers can find out and tell us.
walu

    On Thursday, March 17, 2022, 12:57:53 PM GMT+3, James Mbugua via KICTANet <kictanet at lists.kictanet.or.ke> wrote:  

 Mwendwa,
I agree with Mutindi we should isolate KYC issues with subscriber registration. That is the whole essence of purpose limitation. We cannot use banking regulations for subscribe registration. It is not to say that every mobile subscriber is automatically also an MPESA customer and that the information should be collected for use the day they decide to register for MPESA. In any case, it is also not to say that when they do register for mobile money, that they will not have to provide all the know-your-customer details including photographs.
My point is that SIM registration must be limited in data collection to what is necessary and adequate for its stated purposes, and not more personal information than necessary. 
Mutindi, 
I will be raising it with the ODPC thanks.
Regards,
James G. MbuguaData Privacy Consultant & Tech Policy Blogger at jgmbugua 
On Wed, Mar 16, 2022 at 9:31 PM Mwendwa Kivuva via KICTANet <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 

On Wed, 16 Mar 2022, 16:04 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. MbuguaData Privacy Consultant & Tech Policy Blogger at jgmbugua 

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