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Chapter One Foundation Limited and Bloggers of Zambia Limited, have dragged Zambia Information and Communications Technology Authority (ZICTA) to court for alleged invasion of privacy by asking mobile service subscribers to submit facial photographs as a precondition to registration .
The petitioners are seeking an order of the court that the collection, processing and retention of live facial photographs as a precondition to registration be immediately stopped.
The two organisations stated in a petition filed on Wednesday that the directive by ZICTA issued to Mobile Network operators allegedly pursuant to SI no.65 of 2011 to ensure that all SIM card registrations and replacements conducted from September 1, 2019 to date contain live facial images as well as identification invaded the privacy of persons.
The directive further read that subscribers who failed to comply will be cut off from mobile services.
“By a letter dated April 12,2023,the first petitioner made a formal request for information from the respondent pursuant to section 58 of the Data Protection Act. The letter highlighted several concerns over the sim card registration exercise such as whether measures have been put in place to safeguard the security of the personal data being collected and processed, the accessibility of registration facilities and whether the procedures set out in the data protection Act were followed prior to the issuance of the directive,” the petitioner’s stated.
The aggrieved parties said ZICTA had not provided the measures taken to safeguard the data subjects bug, After a meeting on June 7, 2023, the respondent had agreed to suspend the process and said it would as well direct the mobile network providers to suspend the live facial photographs exercise.
However, the exercise today is yet to be suspended with the petitioner’s submitting that ZICTA was violating the subscribers right to privacy.
“While the right to privacy is subject to limitations,it is the duty of the persona seeking to relay on the exception established under article 17(2) to demonstrate that their actions are within the terms of the constitution. SI no.65 of 2011 on which the respondent’s directive is premised makes no mention of live facial photographs. In the absence of a clear legal provision requiring the submission of such sensitive personal date, the respondents directive is an unjustifiably intrusive measure contrary to the provisions of articles 17(2),” the petitioners submitted.
The two further stated that ZICTA’s directive was in violation of Article 20(1) and (2) of the constitution which guarantees the freedom of expession, freedom of information and the freedom of the press.
Other reliefs being sought by the petitioners is a declaration that the said directive was unconditional and for the already taken photographs to be deleted from the system.
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