Kenyan MP pushes for end to caller privacy

If Naivisha MP John Mututho has his way, your business rivals and enemies could have a field day accessing confidential calling details by simply demanding them from your service operator.

In an amendment to the Kenya Information and Communications Act 1998, Mr Mututho wants to make caller identity information accessible to anyone who seeks such details from a mobile operator.

But the proposed amendment is already raising concerns among some players in the communications sector who argue the practise would infringe on the privacy of individuals.

“The amendment needs to be looked at in much detail because it could introduce more problems in the industry than it is meant to solve,” said acting CCK director-general Francis Wangusi.

Currently mobile operators are limited to disclosing such information to the regulator, Communication Commission of Kenya, in the course of its duties or to security agencies in connection to criminal investigations.

The amendment is contained in the now controversial Finance Bill 2011, which has stalled in House after Finance Minister Uhuru Kenyatta declined to move it for debate, saying MPs were abusing it by proposing to insert amendments that are better dealt with in separate bills.

MPs also want to use the Finance Bill 2011 to introduce an legally require amendment to the Banking Act to cap lending rates.

They also want to have a say on who becomes the head of Kenya Revenue Authority by vetting nominees for the position.

CCK says Mr Mututho’s amendment is ill-advised as his concerns are better addressed through the legally required registration of all mobile phone subscribers.

The Naivasha MP has proposed an amendment to Kenya Information and Communications Act, 1998, by inserting a new section immediately after section 25 that says:

“A licensed telecommunications operator shall, upon request by a subscriber or lawful agent, disclose the identity, address, location and other prescribed particulars of any subscriber to its telecommunications service from whose line, a telephone call or other mode of telecommunication has been made to the requesting subscriber.”

The amendment also wants CCK to issue regulations to make allowance for a category of persons who may be exempt from disclosure of their information.

An operator who fails to provide such information would face a fine of Sh500,000 or a jail term not exceeding three years, or both.

The amendment, though intended to exposed those who make calls with a hidden agenda and identity, carries the greater risk of making it easy for criminals to access information they could not obtain in present circumstances.

Mr Wangusi said changing technology makes it important to examine the issue broadly and not focus just on dealing with a smaller issue that is better addressed differently.

Mobile phones are no longer used just for making calls or sending short text messages; they also used for financial transactions, and by making caller IDs available, they could be exposed to fraudsters.

It is estimated that more than 17 million mobile subscribers in Kenya use mobile money transfer services like M-Pesa, Yu Cash, Airtel Money and Orange Money.

Those opposed to the amendment say it also carries the risk of killing innovation, especially in financial services or in developing applications that allow users to go beyond the call and messaging for fear of such data-leaking.

Multiple fraudulent

“If mobile operators are legally obliged to provide customer details to anyone, it is clear that these vibrant and integral services will be the subject of multiple fraudulent activities and identity theft,” said a source who declined to be identified at this point, saying it could jeopardise their lobbying interest.

As a result, they argue, it could undermine confidence in the money transfer systems. In pushing for disclosure, Mr Mututho also seeks to punish operators for non-existing crimes, given that the law requiring users to register is still not operational and mobile operators may not have the information.

Those opposing say attention should be on streamlining and strengthening existing laws touching on mechanisms for dealing with those who use mobile communications for illegal purposes.

“Article 31 of the Constitution guarantees all Kenyans the right to privacy in communications and other affairs relating to their private affairs unnecessarily required or revealed.

“This proposed amendment is therefore in direct contravention of the Constitution, is bad in law and should not be allowed to pass,” the operators said in a statement.