No data protection laws in Kenya: How Kenyan police, CA, and Safaricom use mobile phones to track, capture suspects

x.com/SafaricomPLC/status/1851977039277891600?t=blkKYu3FcQg25njVvWot9A&s=19

On Wed, 30 Oct 2024, 06:56 Ali Hussein via KICTANet, <
[email protected]> wrote:

> *Ensuring Privacy and Trust in Kenya’s Digital Economy*
>
> In light of recent allegations regarding unauthorized phone surveillance,
> it’s crucial for stakeholders in Kenya’s digital ecosystem to address these
> concerns promptly. If trust is eroded, the potential damage to our digital
> economy is significant.
>
> Kenya’s digital economy has been a beacon of innovation and growth, driven
> by technological advancements and digital finance. However, privacy
> concerns can undermine this progress. The Data Protection Act offers a
> framework to safeguard consumer privacy while fostering innovation.
>
> To maintain the momentum of our digital economy, telecommunications
> companies, and law enforcement agencies must issue clear statements denying
> any unauthorized surveillance activities. These assurances are vital to
> restoring public confidence and ensuring our digital ecosystem’s continued
> growth and inclusivity.
>
> Let’s prioritize transparency and privacy to secure Kenya’s position as a
> leader in digital innovation. We can build a future where technology serves
> everyone without compromising individual rights.
>
> *Ali Hussein*
>
> Fintech | Digital Transformation
>
>
> Tel: +254 713 601113
>
> Twitter: @AliHKassim
>
> LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
> <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 Mon, Oct 28, 2024 at 10:54 PM Mwendwa Kivuva via KICTANet <
> [email protected]> wrote:
>
>> The article from Nation reveals how Kenyan police have been using mobile
>> phone data to track and capture suspects, raising significant privacy and
>> human rights concerns. The investigation highlights several key issues:
>>
>> 1. Unrestricted Access to Call Data: Kenyan security agencies have had
>> almost unrestricted access to mobile phone users’ call data records (CDRs)
>> and location data. This access has been facilitated by a data management
>> system embedded within Safaricom’s internal systems by a British software
>> company, Neural Technologies. This system allows real-time access to call
>> data, ostensibly for tracking suspects.
>>
>> 2. Privacy Violations and Legal Concerns: The investigation raises
>> concerns about the violation of privacy rights and the potential misuse of
>> CDRs in abductions and extrajudicial killings. Although Safaricom claims to
>> protect customer data and only release it with a court order, evidence
>> suggests that police can obtain this data without formal processes.
>>
>> 3. Irregularities in Data Provided to Courts: The article details
>> instances where Safaricom has provided incomplete or falsified CDRs in
>> legal cases involving disappearances or murders, potentially impeding
>> justice. This includes discrepancies in location data in cases like the
>> disappearance of Trevor Ndwiga Nyaga and the abduction of South Sudanese
>> activists Samuel Dong Luk and Idri Aggrey.
>>
>> 4. Use of Location Data for Targeting Operations: The investigation
>> found that police and intelligence agencies have used mobile phone location
>> data for operations that sometimes lead to abductions and killings without
>> due judicial process. This includes the use of predictive profiling tools
>> developed by Neural Technologies, which can map individuals’ movements and
>> associations, raising further human rights concerns.
>>
>> 5. International Implications: The article also touches on the
>> involvement of international entities like Vodafone, which holds a
>> significant stake in Safaricom, and the role of British intelligence in
>> supporting Kenyan operations. Despite these connections, there is no
>> suggestion that these companies are complicit in human rights violations.
>>
>>
>> nation.africa/kenya/news/exclusive-how-kenyan-police-use-mobile-phones-to-track-capture-suspects-4804416#story
>>
>>
>> Best Regards
>> ______________________
>> Mwendwa Kivuva
>> www.linkedin.com/in/mwendwa-kivuva
>>