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 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@lists.kictanet.or.ke> wrote:

On Fri, Sep 4, 2020 at 2:39 PM Erick Mwangi via kictanet <kictanet@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@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




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@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@gmail.com> wrote:


On Fri, 4 Sep 2020 at 12:08, Brian Munyao Longwe via kictanet <kictanet@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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--
Regards,
Muthoka Ndambuki.


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