Lobby group challenges Safaricom’s decision to obtain photos in ongoing Sim registration
Katiba Institute and Law Society of Kenya (LSK) has moved to court to challenge Safaricom’s decision of obtaining photos or biometric data as a requirement during the current Sim card registration.
Through lawyers Dudley Ochiel and Wanjeri Wangui, the lobby groups argue that taking photos of their subscribers is unlawful and against the Kenya Information and Communication (Registration of SIM cards) Regulations 2015, and also section 31 of the Data Protection Act,2019.
They further want Safaricom to be barred from obtaining the photos or other biometric data from subscribers as a pre-condition to SIM card registration.
“And further to quash Safaricom’s threat to switch off subscribers who are registered and verified on the common platform *106#,” reads court documents.
The Lobby group has asked the court to compel Safaricom to delete all the subscribers’ photos terming the move illegal.
They argue that on April 10, Communication Authority of Kenya (CA) clarified that the Kenya Information and Communications (Registration of SIM-cards) Regulations, 2015 governing registration and verification of subscribers “do not require subscribers to submit photos of themselves during registration.”
The CA extended the SIM card registration by another six months until October 15, 2022.
The extension followed a meeting that was held between the Authority and Mobile Network Operators (MNO) bosses on Thursday evening.
The agency’s Director-General Ezra Chiloba met with the Mobile Operators’ Chief Executive Officers who resolved to extend the exercise to allow for 100 per cent compliance.
“During this period, the Authority will undertake monthly reviews to assess progress.
At the expiry of the six months, the Authority will further conduct a detailed compliance audit on each of the operators,” Chiloba said on Friday.
He warned that “any case of non-compliance with the SIM Card Registration Regulations 2015 by either the operators or subscribers will attract immediate penalties as laid out by law”.
Currently, according to CA, “Safaricom PLC has reported 67 percent compliance, Airtel Kenya 55 per cent while Telkom Kenya is at 33 percent”.
