Infotech authority, ZICTA, says petition by watch groups an abuse of court process

Zambia Information and Communications Technology Authority (ZICTA) has argued that the petition by Chapter One Foundation Limited and Bloggers of Zambia Limited, challenging the directive for mobile service subscribers to submit facial photographs as a precondition to registration, was an abuse of court process.

Its argument was based on the fact that the Authority already suspended the directive requiring the capturing of a live photograph prior to SIM card registration which decision was communicated to Chapter One Foundation.

This according to an affidavit in opposition to the petition filed in the Lusaka High Court.

The petitioners are seeking an order of the court that the collection, processing and retention of live facial photographs as a precondition to registration be immediately stopped.

They stated that the directive by ZICTA issued to Mobile Network operators allegedly pursuant to SI no.65 of 2011 to ensure that all SIM card registrations and replacements conducted from September 1, 2019 to date contain live facial images as well as identification invaded the privacy of persons.

The directive further read that subscribers who failed to comply will be cut off from mobile services.
ZICTA has however countered by asking the Court not to entertain the petition.

Director responsible for Economic Regulation and Consumer Protection, Bernard Banda, explained that the directive was to enhance protection of consumers from fraudulent activities that were obtaining as a result of inadequacies in identification.

“That the respondent suspended the directive requiring the capturing of a live photograph prior to SIM card registration which decision was communicated to the first petitioner. That I verily believe the petitioner’s application is based on unverified facts and it is meant to abuse court process,” Banda submitted.

The petitioners stated that ZICTA’s directive was in violation of Article 20(1) and (2) of the constitution which guarantees the freedom of expression, freedom of information and the freedom of the press.

Other relief being sought by the petitioners was a declaration that the said directive was unconstitutional and for the already taken photographs to be deleted from the system.

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