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

On Thu, 31 Oct 2024 at 16:44, Victor Kapiyo via KICTANet <
[email protected]> wrote:

> Safaricom has put out a statement on the issue.
>
>
> 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
>>>