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"id": 1198525,
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"speaker_name": "Sen. Osotsi",
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"legal_name": "Osotsi Godfrey Otieno",
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"content": "Madam Temporary Speaker, this issue is of major concern. The CA may have been justified in trying to get the SIM details of all the subscribers, however, the process undertaken by Safaricom in trying to get this data is unlawful. We passed the Data Protection Act in the National Assembly and established the Data Commissioners Office, which later came up with regulations. Safaricom has violated the internationally recognised data protection principles, which require that when you pick data from a data subject, you must get proper consent before you pick that data. Whereas I appreciate that Safaricom came up with an online form and even sent messages to subscribers with a link, that link was not functional. Hence, more subscribers went to their outlets to give their information. Subscribers gave their ID details without filling any form at all. This is against the law, the Regulations and the international best practice on data protection. They say that data is the modern oil and it is expensive. We have allowed citizens to give their private national registration data to a private company and we do not know what these data is going to do. There was no consent at all. The consent is supposed to clearly state the usage of that data but that was not done. On that basis, Safaricom has violated the Data Protection Law. I am sure Information and Technology (IT) experts in this room will agree with me that this process was unlawful. It does not matter that it is necessary to get this data for other purposes like security; but they needed to state that purpose. It is because today, if you allow a private company to get data, that is one way of promoting state capture. You do not know what that data will be used for. I know it is the Committee on Information, Communication and Technology (ICT) that will deal with this. They need to look at issues of violation of the Data"
}