| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 62, 63 of the DPA,19; Regulation 20 of the Data Protection (Complaints Handling & Enforcement) Regulations, 2021 |
| Type: | Court |
| Outcome: | Violation - Injunction |
| Started: | N/A |
| Decided: | 19 April 2018 |
| Published: | N/A 2018 |
| Fine: | N/A |
| Parties: | Okiyah Omtatah Okoiti & 3 Others vs. Communications Authority of Kenya |
| Case No.: | 53 of 2017 |
| Appeal: | The Supreme Court |
| Original Source: | High Court of Kenya |
| Original contributor: | Margaret Odhiambo |
The High Court of Kenya held that the Communications Authority of Kenya’s plan, to implement a system that provided them with access to mobile service subscribers’ data, was unconstitutional.
In January 2017, the Communications Authority of Kenya (CAK) notified various Kenyan Telcos of a new system, the Device Management System (DMS), a communication surveillance system that would allow access to certain information of mobile service subscribers, including their call data records ostensibly to curb illicit trade.
Okiya Omtatah Okoiti, the executive director of the Kenyans for Justice and Development Trust filed a petition at the Kenyan High Court in Nairobi arguing that private participation was not carried out as required having regard to the privacy implications, invasive nature and the initiative’s potential to infringe on Kenyan citizens right to privacy.
Justice Mativo held that the DMS is a threat to the subscribers constitutionally guaranteed rights to privacy and prohibited implementation of the DMS by the telcos.
The full text of the ruling is provided below.
LSK petitions supreme court to stop phone spying gadgets
KENYA-JUDGMENT-ON-RIGHT-TO-PRIVACY-DEVICE-MANAGEMENT-SYSTEM.pdf