The High Court has declared that registered mobile phone numbers constitute personal data protected under the constitution, and they cannot be arbitrarily deactivated or reassigned without the owner’s consent.
In a ruling on Thursday, March 19, Justice Lawrence Mugambi affirmed that mobile numbers are digital identifiers that link information to an individual’s private affairs.
Mugambi quoted Articles 31 (c) and (d) of the Constitution, which safeguard the right not to have private information exposed unnecessarily.
The court noted that mobile numbers often carry data that can reveal an individual’s financial, social, and personal activity, making their protection critical in the digital age.
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Additionally, the court instructed the Office of the Attorney General to take all necessary measures within six months to safeguard digital identities associated with registered numbers.
The ruling followed a petition filed in June 2024 that sought to stop telecommunication companies from recycling mobile numbers.
In the petition, the petitioners argued that reassignment of deactivated but previously registered phone numbers posed a significant threat to users’ privacy.
In court documents seen by Kenyans.co.ke, the petitioner also argued that such numbers formed part of an individual’s digital identity and were linked to sensitive personal information. The petitioner argued that reassigning the phone numbers could expose users’ personal information to third parties without their explicit consent.
The petitioner requested a declaration confirming that a personal digital identity exists and that a registered phone number is an integral part of that identity, similar to a physical national ID, passport, or driver’s licence.
The case further highlighted concerns affecting incarcerated individuals, noting that prisoners often lose access to their registered numbers due to extended periods of non-use, potentially exposing their personal data when the numbers are reassigned.
In the ruling, the judge emphasised that reassignment of mobile numbers should only occur under strict conditions designed to protect the privacy of the previous owner.
The court ruled that the previous owner’s informed and verifiable consent must be obtained before any reassignment.
Similarly, reassignment can happen only after a reasonable period following a public notice, which must be preceded by a documented verification process confirming that the original owner cannot be reached or has unequivocally relinquished rights to the number.
In the same vein, technical safeguards must be implemented to prevent unauthorised exposure or transfer of personal data linked to the previous owner when the number is reassigned or recycled.
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