As much as we are quick to blame the media for "sensationalizing and wrong reporting"  CA should communicate clearly beforehand i.e during the decision making stage to address any issues that the stakeholders might have as opposed to communicating during implementation stage or as a measure to clear issues reported by media.

 

Secondly, regardless of the reasons advanced, there seems to be blurred lines as details of the transaction are scanty at best and raise questions "from the CA twitter handle: ...implementation of the DMS involves mobile operators, CA and other government agencies"

Which other government agencies and what is their role?? Details of the role of the alleged principal contractor; Broadband Communications Networks Ltd? 

 

Mobile service providers need to give their take on the same as the public has a direct contract with them and if any future intermediary liabilities were to result they would be caught in the middle.

 

This also highlights the need for data protection laws to provide parameters for data collection as opposed to the current self regulation* where decisions regarding data collection are made in board rooms and the public only gets to know about them at the implementation stage. The lack of data protection laws also serves to put the public at a constant defense hence the reaction resulting from the article.

 

Regards,

Esther Kamande 

Advocate | Policy Analyst

Twitter: @enkamande





On Fri, Feb 17, 2017 at 10:22 AM, Ngigi Waithaka via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Alwala,

Just this statement alone raises serious privacy concerns.

"...Instead the system queries the databases (whitelist, type approved devices etc) to determine the genuineness of a device before service is given. What part of that is infringement of privacy?...."

Because it means that CA will then decide what the query will be, which opens a very large pandoras box as " Select ALL from DEVICES could very easily be changed to something more nefarious"

Ideally, you ought to state *what* data you require from the MNOs and then they will provide you with exactly that data and nothing else! I am sure, if you asked for data that they thought was illegal, then would flag this.

Regards

On Fri, Feb 17, 2017 at 10:02 AM, Alwala, Rachel via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear listers, 

We are aware about the misleading reports in the media. The Authority will address the media shortly to clarify and explain how the system works.  There is no infringement of privacy. As a matter of fact, no information leaves the MNOs. Instead the system queries the databases (whitelist, type approved devices etc) to determine the genuineness of a device before service is given. What part of that is infringement of privacy?

We will share the statement with you to help all of you understand. No one needs to be instilled with fear that is generated by parties with vested interests. we want to eliminate illegal telecoms traffic through SIM boxing, counterfeit devices, substandard devices etc, for your good as the public. Not the other way as portrayed in the media. 

Rachel 

Sent from my iPad

On Feb 17, 2017, at 09:43, Grace B via kictanet <kictanet@lists.kictanet.or.ke> wrote:

But on what legal basis is the phone tapping being done?
The closest connection I can see to the issue of counterfeit devices is the Type Approval Regulations, 2010.
If this is the basis, how can subsidiary legislation be used to limit a right like privacy?
Could CA clarify on what basis this is happening???

On 16 Feb 2017 8:02 p.m., "Ali Hussein via isoc" <isoc@lists.my.co.ke> wrote:
Listers

From Tuesday, the government wants to be allowed to listen to your calls, read your texts and review your mobile money transactions.

The government, through the Communications Authority of Kenya, has ordered mobile phone companies to allow it to tap their computers.

Read on:-

http://www.nation.co.ke/news/Government-likely-to-start-phone-tapping/1056-3816372-m5vnfx/index.html

Ali Hussein
Principal
Hussein & Associates

Twitter: @AliHKassim

Skype: abu-jomo

LinkedIn: http://ke.linkedin.com/in/alihkassim


"We are what we repeatedly do. Excellence, therefore, is not an act but a habit."  ~ Aristotle


Sent from my iPad

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