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UW: A CALL TO UCC TO END MISUSE OF PHONE USER’S INFORMATION BY TELECOMMUNICATION COMPANIES

3 Feb 2014

We the undersigned demand that Uganda communications Commission take immediate action against telecommunications companies that are misusing customers’ data and information.

The Unwanted Witness Uganda together with the organizers of the International action centre at www.necessaryandproportionate.org/takeaction has today launched a petition in Uganda asking citizens and all well wishers to demand for all Telecommunications companies in Uganda licensed by the Uganda communications Commission to forthwith stop privacy and breaching data confidential agreements/ policies they have with their customers.

For a long time now telecommunication companies in Uganda have continued to registered subscribers though the mandatory SIM-Card registration exercise. Whilst this is happening, the said companies have continued to misuse the said information gathered in their custody by passing it on to business persons and government security agencies in the absence of a data protection law. The effect with this has been the increase in mass surveillance by security agencies; businesses bombarding users with unsolicited massages which illegally cheat customers of their airtime while deactivating; passing it on to politicians for electioneering; unlawfully tendering it as evidence in court and general interference with the customers right to privacy and data protection.

The right to privacy is part of the basic fundamental rights and freedoms guaranteed by the 1995 constitution as inherent and not state given. Specifically article 27 (2) of the 1995 Constitution of the Republic of Uganda states that no person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property. The purpose of the guarantee is to protect personal safety and security of the individual. That purpose extends to the protection of individual concerns and security to the person of every Ugandan.

The Unwanted Witness and the necessary and proportionate coalition share the belief that telecommunication companies are in serious breach of their duty of confidentiality; and have failed to implement data protection policies hence passing on customer’s information to third parties. For this reason, telecommunication companies should stop doing this illegal act and provide assurances to customers on the safety and security of their private information as the government undertakes measures to enact a Privacy and data protection law.

We thus recommend the following;

1. Government should accelerate the legislative processes for the enactment of a Privacy and Data protection law;

2. Uganda Communications Commission should enforce its regulatory function over telecommunication companies to prohibit them from passing on phone users` data/ information to politicians which they use in electioneering and business persons for unsolicited campaigns as well as private persons as evidence in courts of law;

3. Telecommunication companies should strictly implement their internal privacy and data protection policies including controlling and regulating whoever has access to it;

4. Private persons; investigators, security agencies should respect the right to private information of citizens

Thank you

For more Information contact;
THE UNWANTED WITNESS – Uganda
Plot 41 Gadaffi Road
P. O. Box 71314 Clock Tower K'la
Telephone: +256 414 697 635
Email: info@unwantedwitness.or.ug
Website: www.unwantedwitness.or.ug
Skype: unwantedwitness
Twitter: @unwantedwitness
Face book: unwanted witness Uganda