High Court Rules On Deactivation and Reassignment of Registered Phone Numbers

High Court Rules On Deactivation and Reassignment of Registered Phone Numbers

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The High Court had declared that registered mobile phone number constitutes a digital identifier linking personal data that relates to an individual’s private affairs hence qualifies for protection under Article 31 (c) & (d) of the Constitution to safeguard the right not have information relating to private affairs unnecessarily required or disclosed.

This declaration by the High Court follows a petition challenging the reassignment &/or recycling of the deactivated but previously registered mobile telephone numbers owing to extended period of inactivity or non-use.

The High Court has given the Office of the Attorney General 6 months to take all necessary and appropriate measures to safeguard digital identity associated with the registered mobile telephone number against unfettered deactivation, and subsequent arbitrary reassignment or recycling.

The High Court ruled that reassignment of cell phone numbers should happen only when/if:

1. There is the previous registered owner’s informed & verifiable consent

2. After expiry of reasonable period following issuance of public notice which must be preceded by through documented verification process aimed at confirming the original registered owner cannot be located or has unequivocally revoked the rights to the number

3. Technical safeguards be put in place and implemented to prevent unauthorized exposure or transfer of personal data linked to previous registered owner to 3rd Parties upon reassignment or recycling of the number
 
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