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Vodacom Faces Landmark $4 Million Lawsuit Over Alleged Data Breach in Tanzania

© AP Photo / Ross LandVodacom Tanzania
Vodacom Tanzania - Sputnik Africa, 1920, 14.07.2023
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The case brought by a Shinyanga-based businessman is considered one of the first of its kind in Tanzania and could set a precedent for future data protection lawsuits in the East African country.
In a landmark case filed at the Shinyanga High Court in northern Tanzania, a local businessman has sued telecommunications company Vodacom Tanzania Ltd for a staggering 10 billion Tanzanian shillings (approximately $4.1 million).
Sayida Masanja alleged that Vodacom, which was founded in South Africa and is Tanzania's leading mobile operator with a 29.4% market share of mobile subscriptions and an extensive customer base of over 17 million, unlawfully and intentionally facilitated unauthorized access to his personal data and confidential network information by a third party without his consent.

The third party named by the plaintiff was OpenAI, the developer of ChatGPT, a popular generative artificial intelligence chatbot known for its ability to mimic human-like intelligence and engage in personalized conversations.

The information allegedly shared includes details of incoming and outgoing calls, IMEI and IMSI numbers, SIM identity and personally-identifiable information. Masanja also accused the company of sharing information about his various locations. As part of his evidence, he has collected printouts of the shared data.
The businessman, who is represented by lawyer Paul Kaunda of Kaunda and Co. Advocates, argued that the unauthorized disclosure of his personal data has caused him great distress due to its sensitive nature.
Kaunda, for his part, argued that the data disclosed, including the location of his client's cell phone over a 30-day period, could provide a comprehensive record of his activities and associations, allowing intimate insights into his private life.

"The defendant (Vodacom) negligently and without justification facilitated the disclosure of personal data of the plaintiff amounting to 65 records which reveal his private information and other endless inferences and conclusions which a reasonable person can make by merely connecting the dots of such disclosed data," attorney Kaunda alleged.

Vodacom Tanzania has vehemently denied the allegations. The company filed a preliminary objection asking the court to dismiss the case with expenses on jurisdictional grounds.
A man walks past an advertisement for 5G cellular phone service in the window of a T-Mobile store in New York City on Tuesday, September 21, 2021.  - Sputnik Africa, 1920, 10.06.2023
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The telco argued that the case should have been filed in a resident magistrate or district court, as required by Tanzania's civil law, and not in the High Court.

"It is denied that the plaintiff is entitled to the amount claimed. The defendant operates with the greatest care and a high standard of professionalism in handling the personal data of the customer’s information against third-party invasion," the company told the court.

Vodacom denied any association with OpenAI or any involvement in helping to train the US company's ChatGPT AI product.
"The defendant states that it is not involved in or facilitated ChatGPT in the manner alleged by Masanja," the company said.
Vodacom Tanzania's Director of External Affairs Zuweina Farah said the telco was still trying to find out more about what really happened, adding, "Our legal team is working on this matter diligently."
The case presided over by Judge Ruth Massam is scheduled for hearing on September 13 to address the preliminary objections raised.
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