Elijah Mokua v. Asa International Kenya Limited, Bidii Credit and Oya Micro-Credit Company Ltd

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Cases

Elijah Mokua v. Asa International Kenya Limited, Bidii Credit and Oya Micro-Credit Company Ltd

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: data protection,privacy breaches,data processing

Case Summary

The case involves a complaint filed by a man named Elijah Mokua against three respondents: ASA International Kenya Limited, Bidii Credit Limited, and Oya Micro-Credit Company Ltd. The complaint revolves around the continuous contact made by the respondents to repay a loan taken by Elijah's wife, despite him not being a guarantor for the loans. 

The case provides a detailed account of the nature of the complaint, stating that the respondents were incessantly calling and sending messages to Elijah, demanding repayment for loans his wife had taken without his involvement as a guarantor. It further elaborates on the evidence presented by both the complainant and the respondents in response to the allegations.

The complainant, Elijah Mokua, supported his complaint with additional evidence and claimed that he was not liable for the loans taken by his wife. In contrast, the respondents provided their responses, with the 1st respondent stating that Elijah voluntarily agreed to settle his wife's loan at their branch and the 2nd respondent mentioning that they contacted Elijah based on the information provided by his wife.

Additionally, the 3rd respondent, Oya Micro-Credit Company Ltd, explained that they had provided a loan to Elijah's wife, who initially repaid it but later defaulted. They detailed their follow-up actions and interactions with Elijah, where he acknowledged the loan and made a partial payment. The case also highlights the legal basis for data protection, the role of the Data Protection Commissioner's office, and the procedures followed in handling such complaints.

Issues for determination

The issues for determination in this case are as follows:

  1. Whether Elijah Mokua is legally obligated to repay the loans taken by his wife from the respondents.
  2. Whether the actions of the respondents, including continuous calls and messages to Elijah, constitute harassment.
  3. Whether there have been any violations of data protection laws in the handling of personal information related to the loans and communication with the complainant.
  4. Whether there exist valid contractual agreements between the respondents and Elijah regarding the loans in question.
  5. Whether a fair and just resolution can be reached to address the grievances and concerns raised by all parties involved in the complaint.

Determination

The Respondents were found liable for unlawfully processing the Complainant’s personal data and enforcement notices were issued to them.  The parties were given the right to appeal the determination in the High Court of Kenya within 30 days.

Analysis

The case involves a complaint filed by Elijah Mokua against three respondents: ASA International Kenya Limited, Bidii Credit Limited, and Oya Micro-Credit Company Limited. The core issue revolves around the alleged harassment and demands for loan repayment directed at Elijah by the respondents, concerning loans taken by his wife without his involvement as a guarantor.

●       Nature of the Complaint: Elijah alleges that the respondents continuously contacted him to repay loans taken by his wife, despite him not being a guarantor for those loans. The respondents claim that Elijah voluntarily agreed to settle his wife's loan, leading to their follow-up actions.

●       Evidence Presented: Elijah provided additional evidence to support his complaint, while the respondents detailed their interactions with Elijah and his wife regarding the loans. The responses from the respondents varied, with each providing their version of events and justifications for their actions.

●       Legal Framework: The case is analysed within the legal framework of the Data Protection Act, 2019, which guarantees the right to privacy. The Office of the Data Protection Commissioner is tasked with regulating personal data processing and ensuring compliance with data protection principles.

●       Issues for Determination: The key issues for determination include Elijah's liability for loan repayment, the legality of the respondents' communication and collection methods, potential data protection violations, the existence of contractual agreements, and the resolution of the dispute.

●       Complaint Handling Process: The complaint was lodged in accordance with the Data Protection Act and relevant regulations. The respondents were notified and provided with an opportunity to respond within a specified timeframe, leading to the compilation of evidence and statements from all parties involved.

 

Frequently Asked Questions

Frequently Asked Questions

A data subject is a natural person who is the subject of personal data held by a controller and who can be identified, directly or indirectly, through that personal data.

Each data subject has the right:

  • to be informed whether or not his or her personal data is being processed,
  • to request information about the processing, if data has been processed,
  • to be informed of the purpose of the processing and whether the data is being used in accordance with those purposes,
  • to be informed about third parties who receive personal data in Kenya and abroad,
  • to request the rectification of incomplete or inaccurate processed data, and
  • to request the erasure or destruction of personal data.

Data processing refers to any operation performed on personal data, either entirely or partially, automatically or manually. This includes collection, recording, storage, preservation, modification, revision, disclosure, transmission, assignment, making available, classification, or prevention of use.

Data controller: is a natural or legal person who determines the purposes and means of personal data processing and is accountable for the data filing system's establishment and administration.

Data processor: is a natural or legal person that processes personal data on the basis of a data controller's authorization.

The data controller or processor is required to provide the following information: the purpose of the processing, the recipients of the processed data and the purpose of the transfer, the method used to collect personal data and its legal basis, and any other rights granted to the data subject by law.

The principles governing data processing are as follows: it must be processed fairly and lawfully, it must be accurate and up to date, it must be processed for specified, explicit, and legitimate purposes, it must be adequate, relevant, and not excessive in relation to the purposes for which it is processed, and it must be retained for the duration specified by law or for no longer than is necessary for the subsequent processing.

A Data Protection Impact Assessment can be used to identify and mitigate high risks associated with data processing that may impact the rights and freedoms of data subjects.

A data controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data. On the other hand, a data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.