East African School of Human Rights

We welcome you to the Blog for the East African School of Human Rights. We shall post our opinions, perspectives and positions on contemporary challenges to human rights, democracy and conflict resolution in Eastern Africa, The Great Lakes Region and the Horn of Africa Region. We shall also post summaries of our our Sub Regional Policy Dialogues on a range of subjects ranging from Corruption and human rights, Piracy in the Indian Ocean, the reconstruction of State and Society in the Sudan ( both North and South), Kenya and the challenges of closing the Post Election imbroglio, human rights and democracy in Eastern Africa, the unfolding developments after a largely flawed electoral process in Uganda as well as situational analysis on upcoming events in the Sub region. We encourage constructive current debates on these issues...and others

Monday 16 June 2014

Safaricom Security Imbroglio: How Private is our Privacy?

Safaricom Security Imbroglio: How Private is our Privacy?
Atunga Atuti O.J
 
A year ago, Edward Snowden an employee of the US spy agency lifted the lid on an elaborate surveillance and snooping activities on her citizens and foreigners including foreign heads of state and government. This was on account of national security. The question then was why the US would consider foreign sovereigns including her allies a US national security threat to warrant the actions that the government under the National Security Agency (NSA) was involved in. A week back, Vodafone, one of the largest telecommunication companies released a report detailing how governments in the territories it operates pressure telecos to engage in mobile phone communications monitoring.  The report details the grounds on which security agencies routinely  listen into, intercept data or demand for access for communications details regarding customers on their networks ostensibly on account of national security concerns.
 
In the recent past Safaricom, a local subsidiary of Vodafone has been in the news regarding a security contract whereby the Private Communications company is supposed to  develop and deliver a surveillance  infrastructure for one of the security agencies in Kenya. From a business perspective, there is no problem concerning a for-profit company undertaking such a service for a security agency anywhere in the world. In fact most governments especially in the developing countries turn to private companies for such a service. But Safaricom is no ordinary company in Kenya. It is a brand that has built its reputation on secure delivery of data and voice communication.
It is not lost on Kenyans that the same company was contracted in the transmission of Elections results through a system which  collapsed on the weight of results from a few hundred constituencies heightening tensions and accusations of compromise on the part of a section of Kenyan voters.
 
The Security contract and the report by Vodafone on routine interference by security agencies in most of the countries( these were not named on account of security of her employees as well as those of her local subsidiaries) it operates pose a number of security, privacy and human rights issues. First is the right to privacy. The report by Vodafone clearly and boldly states that in most of  the countries it operates, governments authorities require ‘direct access to an operator's network — bypassing legal niceties like warrants and eliminating the need to get case-by-case cooperation from phone-company employees’. Even though it did not name the countries, this is a very worrying trend because it completely circumvents one of the cardinal provisions of the Universal Declaration of Human Rights and Constitutions of various countries including Kenya. The right to privacy, in essence  the ‘element of various legal traditions which may restrain both government and private party action that threatens the privacy of individuals’. Article 31 of the Constitution of Kenya 2010 is explicit on this matter  and provides thus that .Art 31. [Every person has the right to privacy, which includes the right — not to have— (a) their person, home or property searched;(b) their possessions seized;(c) information relating to their family or private affairs  unnecessarily required or revealed; or (d) the privacy of their communications infringed].
 
 Safaricom is a private company that has operated and experienced exponential growth on account of the  perception that the information that the customers entrust it with is secure and safe from interference. This perception has to a great extent been dented by the Vodafone report. The second issue is the credibility gap-arising partly from the failure in the transmission of the  March 2013 electoral results - and specifically, the extent Safaricom which delivers our communications( data voice and other formats) should be engaged by a party that seeks to  engage in the surveillance of some of her customers whose information and details the company is already entrusted with by the customers. And finally there are questions as whether Safaricom would end up through acts of omission and commission misusing the information it already has about her client to the advantage of or in the service of her client-the Kenya Police Service.
 
As it is, there is already a burgeoning   global backlash against violations of the rights to privacy around the world ignited by the Edward Snowden revelations regarding the NSA, the UK wire-tapping of private conversations including those of the Royal Household, the interception of communications between German Chancellor,  Angela Markel and her colleagues and foreign sovereigns. The fundamental questions  regarding these  developments include the following; first, what is the boundary between the privacy of individuals and  the legitimate desire by government security agencies  to collect information to enhance the security of her citizenry?  Second and more pertinent is the extent to which private citizens like Safaricom and  the mother company Vodafone should be complicity in such violations.
 
While we await the decision of the Kenyan Parliamentary Inquiry into the award of the tender for surveillance to Safaricom, we should initiate debate on the above issues because they have not emerged in the deliberations regarding the contracting of Safaricom – a private company that has legitimate possessions of our information and provides a legitimate infrastructure for communications should engage in activities that seek to spy on her customers. Can Safaricom and other operators in Kenya and around the world assure their customers  in light  of the recent revelations in the Vodafone report, that  they are not  facilitating mass surveillance by giving spies unrestricted access to their networks.
 
 * a version of this opinion was published by the People on Saturday June 14th 2014

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Atunga Atuti O.J. is a human rights scholar at the Centre for Human Rights and Peace , University of Nairobi andChief Executive Officer,East Afr. School of Human Rights
 

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