Pedestrians walk past a Safaricom customer service center in Nairobi’s central business district during the launch of its 5G internet service on October 27, 2022. (Reuters)
The focal point of the debate is the purported sharing of subscriber data with governmental bodies without user consent. Senator Eddy Oketch from Migori has called for Safaricom to disclose whether such data-sharing agreements exist with the government and whether customers are adequately informed of these arrangements.
Senator Oketch expressed the need for the Senate’s ICT Committee to evaluate Safaricom’s data collection methods, particularly those concerning location tracking and call monitoring, to ascertain if these practices are imperative for its operations or if they surpass those enforced on other telecommunications firms. He also raised alarms regarding the security of subscriber data, especially since an international entity, Neural Technologies, is responsible for managing SIM installations on behalf of Safaricom.
The Senate’s ICT Committee, led by Trans Nzoia Senator Allan Chesang, is now entrusted with investigating Safaricom’s data management protocols. They intend to assess the contracts with Neural Technologies and explore potential measures to safeguard subscriber data from unauthorized access by third parties.
Senator Oketch further articulated his concerns, questioning the accessibility of subscriber data to government agencies for suspect tracking while noting the absence of similar accessibility for recovering stolen devices. He also drew attention to the rising tide of data breach complaints associated with Safaricom in contrast to other telecom providers.
The issue of data privacy resonated among several senators. Busia Senator Okiya Omtatah urged the government to treat data protection with the urgency it demands, highlighting the significant risks tied to mismanagement of personal information. “Data privacy is not merely an issue; it can be a matter of life or death. Our information should never be treated haphazardly. Accusations against Safaricom regarding state agent support in tracking and abducting citizens have yet to be addressed,” stated Omtatah.
Additionally, concerns surrounding constitutional rights were raised by Nandi Senator Samson Cherargei, who criticized Safaricom’s practices as potentially violating privacy regulations. “The actions of Safaricom may very well be illegal and unconstitutional, warranting punitive measures,” he asserted.
The senators also addressed the implications of data management by foreign firms, with Narok Senator Ledama Olekina questioning the transparency of Safaricom’s operations with Neural Technologies in managing Kenyan subscriber information. Olekina pointed out that practices like recording ID numbers during SIM card registration could expose citizens to identity theft and fraudulent activities. “The documentation of ID numbers poses risks, particularly during elections or in contexts susceptible to fraud,” he noted.
Amid these discussions, Senator Godfrey Osotsi of Vihiga advocated for an overhaul of Kenya’s Data Protection Act to align with international standards, including the General Data Protection Regulation (GDPR). He argued that existing laws inadequately safeguard citizen data’s security, accountability, and confidentiality. Osotsi also emphasized the necessity for the Office of the Data Protection Commissioner to function independently, staffed by data protection professionals rather than a sole focus on legal expertise.
As the investigation unfolds, this case underscores the critical intersection of data privacy, telecommunications, and governmental authority within the evolving Kenyan digital landscape. The outcomes may have repercussions for Safaricom and signal broader implications for data handling practices across the telecommunications industry in Kenya.
