Recent investigations have revealed major concerns about data access practices within Safaricom, which is currently under the leadership of Peter Ndegwa, aiding police in tracking and abductions which has increased recently.
Safaricom’s systems reportedly include software from a UK-based firm, Neural Technologies, which is designed to help manage fraud within mobile money services like M-Pesa.
However, reports indicate that this technology also enables real-time access to user call data, accessible to Kenyan security agencies.
Critics warn that the tool’s functionalities, originally intended to prevent fraud, could facilitate an expansive level of surveillance on Kenyan citizens and lead to human rights abuses.
The implications of this technology are stark in a country where reports of extrajudicial practices have become a serious human rights concern.
Over the past decade, rights groups like Amnesty International have documented multiple cases of abductions and disappearances involving civilians, often associated with suspected police or military operations.
Between 2013 and 2020 alone, Kenya experienced at least 500 cases of enforced disappearances, many linked to security operations targeting suspected terrorists or criminal gangs.
Amnesty International and other organizations argue that allowing unrestricted access to citizens’ call data, especially without strict oversight, increases the risk of unlawful detainment and other abuses, as it could streamline the tracking and apprehension of individuals labeled as potential threats.
While Safaricom asserts it is committed to privacy and data security, compliance with Kenya’s Data Protection Act remains a contested issue.
Passed in 2019, the Act stipulates data privacy regulations that should ideally limit access to sensitive information.
Safaricom has emphasized its dedication to these regulations and established a Data Protection department responsible for oversight and compliance, yet concerns about transparency persist.
Privacy advocates argue that the legal standards for data access remain insufficiently rigorous, especially given the lack of public oversight on how such data is accessed by law enforcement.
Beyond Kenya’s borders, the issue highlights a global challenge, the role of private corporations in government surveillance.
Across multiple countries, governments increasingly rely on telecom providers to access user data for national security purposes, often under pressure to counter terrorism and organized crime.
In Kenya, the lack of comprehensive oversight raises questions about how much user data should be accessible and under what circumstances.
Human rights advocates are now calling for stricter regulations that would limit real-time tracking and require court orders or other safeguards before allowing access to personal data.
The current debate around Safaricom’s data access practices exposes a delicate balancing act between security needs and individual privacy rights.
Law enforcement agencies argue that access to call data is critical for national security, enabling them to respond to threats in real time.
However, civil society organizations warn that unchecked access leads to a surveillance culture, which can become a tool for silencing dissent or targeting marginalized communities.
These concerns have led to calls for increased public oversight and clear, legally binding restrictions on when and how security agencies can access telecom data.
As Kenya grapples with these challenges, the Safaricom case could set an important precedent for data protection in the country.
Stronger, transparent measures are essential to ensure that data collected by telecom companies cannot be misused, either by internal employees or external entities.
Rights groups emphasize the need for regular audits of telecom companies’ data access logs and advocate for the establishment of an independent body tasked with monitoring and enforcing data privacy laws.
In the broader sense, how Kenya navigates this issue may influence future digital privacy standards across Africa, given the rapid expansion of mobile networks on the continent.
The ultimate challenge will be developing a balanced framework that enables effective crime prevention while safeguarding the privacy rights of citizens, making Kenya’s approach to digital privacy and surveillance a critical issue to watch in the coming years.
Add Comment