CA Kenya: Dormant Line Recycling Period Extended to 6 Months

• A proposed law in Kenya will extend the dormant phone line recycling period for telecommunication companies to six months.
• Under the new rules, service providers must notify inactive subscribers for three months before publicly listing numbers for deactivation.
• The draft procedures mandate secure de-linking and archiving of previous owners' personal data before a number is reissued.
• Currently, telecom operators can recycle inactive lines after three months, a practice that has raised data privacy concerns.

The proposed regulations mandate that upon deactivation, telecommunication companies must securely de-link and archive all personal data, cached information, and services associated with a previous owner, ensuring new subscribers cannot access or inherit this sensitive information.

New regulations are set to significantly alter how telecommunication companies in Kenya manage inactive phone lines, extending the period before dormant numbers can be recycled. Under a proposed legal framework, providers like Safaricom and Airtel will be mandated to observe a six-month waiting period before reissuing numbers that have shown no activity. This marks a substantial shift from current practices, which permit recycling after just three months of inactivity.

The draft document, officially titled "procedures and technical safeguards for deactivation and recycling of inactive telecommunication numbering resources," outlines the specific conditions under which a line is deemed inactive. A number will be flagged for potential deactivation and recycling if it records no revenue-generating activity for a continuous period of three months. This initial three-month inactivity period triggers a series of mandatory steps for service providers.

Upon detecting this initial three-month period of inactivity, the proposed CA Kenya dormant line recycling 6 months framework requires telecommunication companies to initiate contact with the affected subscriber. These efforts to notify the owner must utilize the contact information gathered during the initial Know Your Customer (KYC) registration process. Notification methods specified include sending SMS messages directly to the inactive number, as well as reaching out via any other contact details associated with the subscriber through their KYC records.

The notification process for an inactive number is designed to be comprehensive and prolonged, continuing for an additional three months beyond the initial detection of inactivity, unless the subscriber performs a revenue-generating activity. This means the total period from initial inactivity to potential recycling will span six months, providing ample opportunity for subscribers to reactivate their lines.

Further strengthening these safeguards, the draft procedures stipulate a public notification requirement. Specifically, 30 days before the full six-month period elapses, if a number remains inactive, the service provider must publish a list of numbers that are susceptible to deactivation and recycling. This publication must clearly state that these numbers will be deactivated if they are not activated within 30 days from the date of the publication. This measure aims to provide a final warning to subscribers before their numbers are permanently withdrawn from service.

To ensure broad awareness, the generic notice of intention to deactivate and recycle inactive telecommunication numbering resources must be disseminated through multiple channels. This includes posting the notice on the provider's official website, publicizing it through other media outlets, and crucially, publishing it quarterly in a daily newspaper that boasts nationwide circulation. These steps underscore the commitment to transparency and robust communication before any Kenya telecom inactive numbers are recycled.

The impetus behind these proposed changes stems largely from significant concerns regarding data privacy. Under the current system, where Safaricom dormant line recycling and Airtel dormant line recycling can occur after only three months, there have been worries about the potential sharing of personal data belonging to previous owners with new subscribers. The new regulations directly address these risks by introducing stringent data handling requirements.

Crucially, the draft safeguards mandate that once the full notice period has lapsed and a number remains inactive, the service provider must take definitive action to protect subscriber data. This involves securely de-linking and archiving all personal data, cached data, and services that were associated with the previous owner. The primary objective is to ensure that this sensitive information is neither accessible to nor inherited by any new subscriber who might be assigned the recycled number.

While emphasizing the secure de-linking of data, the proposed framework also acknowledges the necessity for telecommunication companies to comply with existing legal obligations. Therefore, providers are still required to retain any records mandated by law, even as they implement these new Kenya data protection dormant lines protocols. This dual requirement ensures both enhanced privacy for individuals and continued adherence to regulatory record-keeping standards, mitigating data protection risks for all parties involved.

Lawyers advising Kenyan telecommunication companies and compliance officers should prepare for updated operational procedures under the proposed CA safeguards, specifically regarding the extended 6-month dormant line recycling period and new requirements for customer notification and secure de-linking of personal data to ensure regulatory compliance and mitigate data protection risks.

Source: Original reporting via Capital FM