The Zambia Information Technological Agency (ZICTA), recently directed all SIM card holders in the country to update their registration details by uploading a live photo of themselves through their own channels and through all mobile network operators. SIM card holders were initially given until 31st December 2022 to comply, which was later extended to 28th February 2023. In response, mobile service providers have required their subscribers to submit live facial photographs in addition to valid national registration cards or passports via a link, a WhatsApp number, or with “authorized dealers,” otherwise face disconnection. Failure by mobile service subscribers to comply with the directive risks disconnection of mobile phone services.

According to a press relase dated 6th January 2023, which is accessible on ZICTAs official website, a directive was issued to telecommunications companies pursuant to Statutory Instrument No 65 of 2011. While Regulation 12 of the Statutory Instrument outlines the registration requirements for SIM cards, it does not explicitly mention the need for live facial photographs. This additional demand for live photos raises questions about its legal basis and the potential infringement of citizens’ privacy rights and potential discrimination among marginalized groups.
The right to privacy is protected under international human rights law, including the Universal Declaration on Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), both of which Zambia has ratified. These laws safeguard individuals against arbitrary interference with their privacy, family, home, or correspondence. Furthermore, the Zambian Constitution guarantees the right to privacy and protection from unreasonable search and seizure. Any infringement on this right must be lawful, necessary, and proportionate to its purpose.

While mandatory SIM card registration is intended to combat crime, it can also be exploited to collect information that may be used to suppress dissent. Requiring live facial images undermines individuals’ right to privacy and their ability to communicate anonymously, removing the additional security that anonymity provides. This poses significant concerns for activists, human rights defenders, victims of domestic abuse, and individuals seeking to separate their personal lives from other activities. It is important to note that there is no empirical evidence supporting the notion that mandatory SIM card registration directly reduces crime rates. In fact, some countries that have implemented similar measures, such as Mexico, have found them to be ineffective and inefficient. Mexico repealed its mandatory registration law after three years of implementation, after seeing no improvement in the prevention, investigation, and prosecution of crimes. Instead, it created various new illicit and illegal activities such as black market SIM trading, SIM cloning, SIM spoofing, petty theft of phones for SIMs inside them.

In addition, the requirement for live facial images raises the potential for discrimination against already marginalized groups, including women, the disabled, the elderly, and the poor. Obtaining live facial photographs may prove costly, and the process of visiting registration centers may be challenging for those residing in remote areas. Disconnection for non-compliance with the directive will deny these individuals access to vital mobile phone services necessary for education, banking, and other essential services. Undocumented migrants also face similar threats.

The implementation of the directive necessitates collecting live facial photographs from approximately 20.2 million mobile phone users in Zambia. This vast amount of data, if not adequately guarded, can lead to an increased risk of identity fraud and the creation of a black market for accessing personal information. Criminals could exploit these databases for illicit activities, including scam calls and messages, which has been a common problem in Zambia ever since SIM registration was rolled out. In an article published on 29th September 2022 by News Diggers, it was reported that five people in Southern Province had been arrested for various cyber crimes, cash fraud and theft. According to the police, two of the five suspects were employees of Top Image, a company contracted to manage sim replacement in areas where MTN Zambia is not present. This highlights the potential risks associated with the processing of such sensitive information.

It is unclear what data management standards are being applied to safeguard the processed information in accordance with ZICTA’s directive. Mobile users have not been informed of measures to protect their privacy. Given the potential risks posed by processing such a large volume of information, a Data Protection Impact Assessment, as required by the Data Protection Act, should have been conducted to ensure data security and prevent negative impacts on individuals’ rights. However, it remains uncertain whether such an assessment has been carried out.
Overall the mandatory requirement of SIM registration with a live facial photo raises significant concerns that must be carefully considered. The State’s obligation to ensure public safety or national security should always be balanced with its duty to protect human rights. Whenever possible, utmost effort must be taken to try and reconcile both interests. The relevant Ministry, ZICTA and mobile network operators must work together to establish clear policies and protocols that protect privacy rights and data security of individuals whilst meeting the needs of national security and law enforcement. In its current state, the mandatory requirement of SIM card registration with provisions of live photographs threatens the enjoyment of fundamental rights.

Chapter One Foundation is a civil society organization that promotes and protects human rights, constitutionalism, the rule of law and social justice in Zambia. Please follow us on Facebook and on LinkedIn under the page ‘Chapter One Foundation’ and on Twitter and Instagram @CofZambia. You may also email us at [email protected]