MTN and Vodacom could face legal action over Kinnear murder - Legal expert

[Hanno Labuschagne]

MTN and Vodacom could face legal action over Kinnear murder - Legal expert

Vodacom and MTN can be held liable for the abuse of their location-based services by third parties to plot the murder of top cop Lieutenant-Colonel Charl Kinnear, legal expert Jos Floor said.

The police investigation into Kinnear’s assassination on 18 September lifted the veil on the widespread unlawful use of location-based data from Vodacom and MTN.

Wireless application service providers (WASPs) were given full access to subscribers’ sensitive location data in “good faith”, with the understanding that they will not abuse this data.

 

[Daisy Cloudskitter]

^ Incomprehensible to me how "WASPS" and "in good faith" even appear in the same sentence.

 

[Mekon]

Wonder how this whole story is going to go. Probably nowhere as usual as no one will go to prison for any wrong doing.

 

[Mekon]

^ Incomprehensible to me how "WASPS" and "in good faith" even appear in the same sentence.

WASPS and steaming excrement belong in the same sentence

 

[KleinBoontjie]

In some countries, CEO's will even get prison time for stuff like this. Some of them needs be ripped of their pedestals for a change, as they think they're untouchable.

 

[quax]

Just stop WASPs those things are nothing but dodge!

 

[The_Librarian]

Just stop WASPs those things are nothing but dodge!

100%

 

[Juzzy]

Surprise surprise, Vodacom's ethics or shall I say the lack thereof again laid bare.

 

[Petec]

Vodascum will never admit to blatant wrongdoing nor will they ever grow a conscience. When the concept of ethics comes up in studies, one can use Vodacoms practices of how it should never be done.
Overseas, most of the board would face jail time.

 

[ShaunSA]

EmptyN and Vodacon

 

[j4ck455]

The cell phone service providers therefore had to notify their customers that their location based data gets collected and that the data is being used for another purpose, namely selling that data on commercial terms to third parties to use for whatever other purpose they wish.

As a statement of fact, network operators have appointed themselves as gatherers and processors of personal information/data, it is their duty to keep that personal information/data confidential and not to share it with third parties unless required to do so by a court of law.

Given that the network operators (in this case Vodacom and MTN) are profiteering from the sale of personal information/data that does not belong to network operators (it is personal data that belongs to their customers), surely this also makes a case for plain old fraud against the network operators (on the basis that network operators are selling something that does not belong to the network operators)?

As long as it is possible for network operators to profiteer by proxy via WASPs, from the personal information/data and airtime of customers of network operators, network operators will continue to act irresponsibly; conversely, if there was no money to be made from the existence of WASPs and the supposed services they provide, network operators would not be motivated to sell their customers' personal information/data and airtime to WASPs.

 

[susefan]

Is it only MTN and Vodacom that share customer data with WASPs? Can I assume that I am safe in this regard if I use CellC or Telkom? And if CellC and Telkom don't sell clients data, why don't they advertise this as a selling point for their service?

 

[Scorpion101]

This I saw coming a mile away especially with the POPI act. Vodacom is not a fish shop and should have had all the necessary processes in place to ensure the access to such information was safe guarded behind a wall of policy and processes. I hope they get gang banged from the late police officers family and Makate ... lol I hope I spelled his name correctly.... I am a learnaaaar for the last 28years some day I will be able to spell.

 

[FNfal]

I am appalled at this information , i hope they are both prosecuted on RICA and POPI for every single incident that has taken place .
I am a shareholder in vodacom and i will make my displeasure Known .
What were they thinking ? .

Reckless or stupid or both .

 

[Shadowchaser1]

Ex cit. I don't think this will go anywhere. The judicial system in SA is very weak. Vodacom and MTN have enough money to bury the Gov's case in paperwork, till doomsday and even the family's case if they decide to open one. Cops and courts are well known for making stuff ups all the time and have no credibility anyhow. Sad but true.

 

[Yskasmetnstoof]

Is there any other be country on earth, with the possible exception of Nigeria, that is such junkies for money as South Africa is?

 

[mike@]

Good article - but misses the obvious criminal offence in terms of RICA:

Section 14 only allows the provision of real-time communication-related information upon written authorisation given by the customer "on each occasion". Communication-related information includes "the location of the user".