NAIROBI: Kenyan activists have expressed concerns about a government phone tracking program that could lead to increased surveillance and invasion of privacy in the name of tracing counterfeit devices and curbing fraud. Kenya’s Ministry of Information, Communication and the Digital Economy Eliud Owalo said the government intends to go ahead with plans to roll out a Device Management System (DMS) to allow authorities to access the unique identification number of mobile phones and block services to fake devices. The aim of the DMS is to isolate and deny services to the illegal devices, and it does not access subscriber personal information and data. Authorities have not said when the DMS will be introduced. Telecom industry group GSMA said there were 489 million unique mobile subscribers in Africa in 2022, and this is set to rise to 692 million by 2030.
However, Kenyan technology think-tank, KICTANet, has voiced concerns about privacy violations, stating that the government and other third parties such as telecoms operators will have access to users’ phone data, including calls, messages, and financial transactions. According to the Kenya’s Anti-Counterfeit Agency, Kenya is a major hub for counterfeit goods in Africa, with smartphones making up more than half of all fake products in the country. The influx of counterfeit, substandard and non-type approved devices in the country presents a huge problem to our society given the nature of mobile phone devices and their importance to us. Many people, including lawyers, doctors, counsellors, religious leaders, and journalists hold confidential information relating to their clients on electronic devices.
Kenya’s biggest telecoms operator Safaricom, cited as a respondent in a high court petition, said its subscribers were at risk of having their personal details, communications, social media messaging and data exchanges subject to interference. In 2018, the high court blocked the implementation of the DMS, deeming it both “a threat to the right to privacy” and “a gross violation” of subscribers’ consumer rights.
Rights campaigners insist the technology is intrusive and unnecessary, adding that the Communications Authority of Kenya (CAK) should allow the Anti-Counterfeit Agency and Bureau of Standards to lead the fight against fake products. Authorities should find other ways to curb the spread of counterfeit phones without infringing privacy, rights groups said. “We really don’t see the need for it, other countries have the same challenges of counterfeit phones, but they are not using this kind of technology,” said Damaris Onyancha, KHRC’s senior program advisor for legal affairs and human rights monitoring. “We will be watching closely as the DMS is rolled out and remain on high alert for any violations to the rights of Kenyans.” – Thomson Reuters Foundation
