Mobile phone firms, CCK differ over SIM card regulations

CCK Director General Francis Wangusi. The regulator and ICT ministry have agreed the 2014 regulations will now be promulgated.  PHOTO: FILE/STANDARD]

By Macharia  Kamau

Mobile phone operators and the Communications Commission of Kenya (CCK) are divided on proposed SIM card regulations.

The operators feel that the new regulations contain clauses that would amount to invasion of privacy as they give the industry regulator sweeping powers to access premises and records of the telecommunication companies.

The operators also want government agencies to streamline the manner in which they access subscriber information.

Headache for telcos

The companies have proposed requests for subscriber information used for different purposes including crime fighting and court proceedings be made through one government agency. At the moment, State agencies including the police force make their requests independent of each other, which is slowly becoming a headache for the telcos.

The Registration of Subscribers of Telecommunications Services are meant to replace similar regulations gazetted in January 2013 but are seen as not going far enough as they do not penalise agents of the telcos and subscribers found selling or using unregistered SIM cards.

“A licensee shall grant the Authority’s officers access to its systems, premises, facilities, files, records and other data to enable the authority inspect such… for compliance with the Act and these regulations,” reads a section of the regulations.

CCK last week said it is ready to gazette the regulations that propose a fine of up to Sh300,000 for subscribers found using unregistered SIM cards, Sh500,000 for agents that sell SIM cards without registering their clients and Sh5 million for the telcos that allow unregistered SIM cards to access their networks.

Operators, however, feel this and other clauses should be reviewed and legislated properly as they would amount to breach of privacy.

“The Constitution is clear on the right to privacy and Parliament has to legislate on it if there are situations that warrant breach of privacy… only an Act of Parliament can do that and not a regulation,” said an official with a mobile operator.

The issue was raised at a meeting held last week and attended by the Cabinet Secretary ICT Ministry, Dr Fred Matiang’i, senior officials from CCK and mobile operators.

Law enforcement agencies

“Operators also feel there should be a defined process for the acquisition of subscriber information by State agencies. Constitutional bodies and law enforcement agencies feel they have a right to access subscriber information, the operators feel that there is a need to streamline the process of how this information is sourced for and also how it is shared,” said the official.

Despite the concerns that were reportedly raised at the Tuesday meeting, CCK said it was ready to move on and gazette the regulations. At a briefing held by CCK after meeting the operators, Director General Francis Wangusi said the regulator had received the nod from the industry to gazette the regulations.

“Key at the meeting was the endorsement of the final draft of the SIM card regulations that we are now going to promulgate… the operators, CCK and the ministry agreed that the 2014 regulations will now be promulgated,” said Wangusi.

Under the new tough regulations, any person who knowingly provides false information during SIM card registration shall be liable to a fine not exceeding Sh100,000 or a jail term not more than six months or both.

Guardians registering SIM cards on behalf of minors are required to produce birth certificates instead of student identity cards from an educational institution or letters from chiefs, as is currently the case.