EDITORIAL: Protect privacy of every Kenyan at all times

The drafters of the 2010 Constitution were spot on when they succinctly outlined the Privacy clause under the Bill of Rights.It states as follows: 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.

It is therefore a very clear fact that Kenyans have a right to privacy as it is entrenched in the Constitution.

It should also be understood that no subsidiary legislation can change that fact.

It was therefore not surprising that there was a unanimous uproar after the move by the Communications Authority of Kenya (CA) to install a device that can collect data from consumers’ mobile phones hit the headlines last Friday.

No Kenyan wants to go back to the dark old days when their rights were infringed by the State as its agents embarked on instilling an environment of fear and suspicion. Nothing was sacred at the time and the old constitution was violated at will.

While the regulator insists that the Device Management System (DMS) is only meant to block illegal communication gadgets from being used, consumer rights protection groups and mobile phone operators are opposed to the move.

They have raised concern that the DMS could be used as a back door to gain access to sensitive customers’ data. The mobile operators are also fearful that this would expose them to legal suits if they are deemed to have violated their clients’ privacy.

The regulator argues that the device will only identify and ban counterfeit , stolen or illegal mobile phone devices from being used on local networks.

The CA must always ensure that it acts within the law. We aver that there is no excuse for taking away people’s privacy, which should be jealously guarded at all times.

It should also be understood that the moment one violation is allowed there is no limit as to what else can be violated.