Hi Twahir,

Your breakdown is very insightful, and I appreciate how you've framed the issue. Striking the right balance between privacy and access to critical transaction data is essential, especially for a paid service like M-Pesa. The information flow you've outlined highlights the deliverables that customers are rightfully entitled to.

As a service provider, Safaricom holds this data in trust and should prioritize transparency rather than using the Data Protection Act as a means to withhold access to such vital information. Denying customers this data not only undermines fairness but also ethical business practices.
--
Kind regards,
Julie Mwaniki.

On Fri, 6 Sept 2024 at 18:28, Twahir Hussein Kassim via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
I agree with this notion 100% @Mugo

On Fri, Sep 6, 2024 at 6:17 PM Mugo Michael via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Transaction histories/statements are personal data belonging to the customer and data subject rights should kick in here. Although the telco should disclaim its liability for any unlawful use of the statement, the statement should be unmasked. The masking conflicts with consumer protection rights too.

Regards,

Michael Mugo

On Fri, 6 Sep 2024, 5:51 pm Johnsey Kivoto via KICTANet, <kictanet@lists.kictanet.or.ke> wrote:
The processes are punitive, tideous and an avenue for extortion. For the police to follow thro, you have to pay bribes or forget the whole thing.

On Fri, Sep 6, 2024 at 1:49 PM Ali Hussein via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Guys

This is actually very simple:-

My sister was Carjacked a few days ago Robbed off everything like everything Tell me why You are refusing to give us complete mpesa statements of the monies that was sent to unknown numbers !!?

I sympathize with the situation above. Unfortunately, the fact of the matter is that Safaricom can't just give out information about its customers - even the criminal type. This will create a very dangerous precedent. There is a reason there are processes for this. - Report to the police, OB Number, and Police to follow through to get the details from Safaricom, investigations, arrest, court, etc.  Safaricom simply can't give me the number or details of any client simply by asking for it. Whatever the reason. 

Regards

Ali Hussein

Fintech | Digital Transformation                                


Tel: +254 713 601113

Twitter: @AliHKassim

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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 Thu, Sep 5, 2024 at 2:57 PM Ochieng A. Ogango via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Cephas,

Why is it that Safaricom masks numbers on the statement, yet that information comes back to the account owner when you send money.

Why do I need a court order to get information that I already have?

Kind regards,

Ochieng  A. Ogango

Advocate, LLB (Hons), CPM(M.T.I)



On Thu, Sep 5, 2024 at 1:38 PM Cephas Joseph via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Liz, 

Kenya it is, but (un)fortunately Kenya also has that standard process of Police/DCI -> Court -> Safaricom for data access.
Safaricom is a data custodian hence has obligations and accountability for any persons data, (illicit) beneficiary and owner too.

Two scenarios::

1. Full transparency by Saf to the owner, with the risk of exposure for (illicit) beneficiaries. Take a case where, even innocently, one accesses the unique MPESA statement code sent via SMS and authN to your statement. With numbers in plain text, what can they do?

2. With current masking, protecting beneficiaries numbers, when one accesses the unique MPESA statement code sent via SMS and authN to your statement, the masked numbers aren't useful for them. This covers both beneficiary privacy and assures Saf accountability.

Unfortunately, Safaricom would not place the privacy burden on the customer. DPA laws shift this labor to the org, aye? The criminals are also Saf's customers, you know!

I suppose visiting an official Saf Shop, for a thorough verification of customer ID, then being issued with the specific, limited data (cell nos.) needed might be a way? Or adopt a technical means, coded MPESA statement in app, with strignest security/privacy controls (TBD)?



On Thu, Sep 5, 2024 at 1:04 PM Wilfred Omondi via KICTANet <kictanet@lists.kictanet.or.ke> wrote:
Hi Liz,

>From experience,  once such a case is reported to a police station,  the OCS/Deputy OCS should assign a DCI officer to investigate. The DCI officer should ask the court for a warrant/court order so that he/she can present to Safaricom for cooperation during the investigation.

If you don't get such a help from the police station,  you can also go directly to the DCI office in Kiambu and an investigating officer should be able to help.

All the best.

On Thu, 5 Sept 2024, 10:38 Liz Orembo via KICTANet, <kictanet@lists.kictanet.or.ke> wrote:

Dear listers,

See this case in twitter. A lady was carjacked, her phone stolen and mpesa transferred to other numbers by thieves. Safaricom does not want to reveal the beneficiary numbers for the criminal transactions to the registered line owner. This is despite them going to Safaricom with an OB number.

Question:

1. Is Safaricom justified to use data protection for its reason to decline request for information? What’s the real intention of the DPA?

2. Where are consumer and data protection rights on the side of the line owner? Esp where data protection policy is in conflict with consumer interests?

3. The line infrastructure belongs to Safaricom, but who does the transaction data belong to? And how do they share the responsibilities to protect the data?

4. Are there laws to solve this situation in the interest of the customer? Do we need to amend some?

Best regards.
Liz.

PGP ID: 0x1F3488BF
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--

    
---
Cephas O.M 

                          
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--
Kind regards,
Julie Mwaniki.