Kenya: Telcos to Reveal Customer Data Under Proposed Law

guest · Jun 20, 2020

Telcos to Reveal Customer Data Under Proposed Law
The government will be able to access Kenyans’ personal data
June 20, 2020
https://www.kenyans.co.ke/news/54497-telcos-reveal-customer-data-under-proposed-law

The Bill tabled in the National Assembly on Tuesday, June 16 seeks to allow Telecommunication firms in Kenya to reveal customers’ data to the government.

“Where it appears to the Cabinet Secretary that it is in the public interest to do so, the CS may by warrant under his hand, require any person who owns or controls any telecommunication apparatus used for sending or receipt of any data to or from any place outside Kenya, to produce to the Cabinet Secretary or any person named in the warrant, the original or transcripts of all such data and all other documents related to such data,” the proposed amendment states.
This means the Cabinet Secretary in charge of Interior Security will be allowed to ask for customer data.

Under the proposed law, any person who fails to comply with the request is guilty of an offence and liable to imprisonment of a term not exceeding one year.
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This, however, goes against the Data Protection Act of 2019 which was assented to by President Uhuru Kenyatta on November 8, 2019.
This means that the government may breach Data Protection Actby in order accessing one's personal information from said telecommunications companies.
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