The Communications Authority of Kenya (CA) has sought to allay public concerns regarding the privacy of personal data amid the new phone registration law set to take effect in January 2025. In a recent appearance before the National Assembly’s Committee on Communication, Information and Innovation, CA Director General David Mugonyi firmly assured Kenyans that the Kenya Revenue Authority (KRA) would not have access to their private data under the new regulations.
The new directive, which will require all importers and assemblers to submit the International Mobile Equipment Identity (IMEI) numbers of mobile devices being imported or assembled in the country, is part of a broader government initiative aimed at strengthening tax compliance and ensuring that only legitimate devices are in circulation in Kenya. The initiative, expected to roll out in 2025, has drawn a fair share of scrutiny and questions from the public and lawmakers over privacy concerns.
One of the most vocal critics, Dagoretti South Member of Parliament John Kiarie, questioned the extent to which the KRA would be allowed to access personal data on citizens’ phones under the guise of ensuring tax compliance and protecting consumers from counterfeit goods. “What exactly are we allowing KRA to access on an individual’s phone under the guise of protection?” Kiarie asked, expressing his fear that Kenyans might avoid online transactions or digital platforms altogether to prevent possible surveillance by the government.
This concern is not without merit. There has been an ongoing debate about the balance between government regulation and individual privacy rights, especially with the growing reliance on mobile phones for financial transactions, communication, and personal data storage. The thought of government agencies having access to more personal information, whether directly or indirectly, has led some to question whether such regulations might inadvertently infringe on their privacy.
Responding to these concerns, Mugonyi emphasized that the new law is designed purely to monitor and regulate the importation of mobile devices, not to monitor or infringe on citizens’ digital activities. He clarified that the CA’s involvement in this initiative was strictly limited to ensuring the legal and proper entry of mobile phones into the Kenyan market. The information collected, which includes the IMEI numbers of devices, is aimed solely at ensuring compliance with the country’s tax laws and ensuring that counterfeit or substandard devices do not enter the market.
“This engagement has nothing to do with the transactions we carry out on our phones. We want to ensure the right products are in the country, and the tax compliance aspect is strictly for that. KRA will not have access to people’s data,” Mugonyi explained. He stressed that the CA’s role was not to monitor or track phone activity but to ensure that devices being imported or assembled in Kenya meet certain regulatory standards and are subject to proper taxation.
However, Mugonyi’s assurances did not entirely quell the concerns raised by MPs, particularly regarding the enforcement of these new regulations. Tetu MP Geoffrey Wandeto raised concerns about the ability of the CA to ensure compliance, particularly when it comes to preventing illegal or counterfeit products from entering the market. “What are your enforcement capabilities when it comes to all communication devices being imported?” he asked, highlighting the need for strong oversight mechanisms to ensure the regulations are adhered to.
Mugonyi responded by assuring lawmakers that the CA had the necessary systems in place to track and monitor the registration of IMEI numbers, adding that the authority would collaborate with other relevant agencies to prevent the circulation of unregistered or unauthorized devices.
As the January 2025 deadline approaches, the CA is likely to continue facing scrutiny from various stakeholders concerned about data privacy and the broader implications of the new phone registration law. While the CA has assured the public that the new system will not result in government surveillance or invasion of privacy, the public remains cautious about the potential for unintended consequences as the government seeks to regulate mobile device imports and enforce tax compliance.
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