Erastus Mbaka v Metropol Credit Reference Bureau Limited and Law Society of Kenya Sacco Limited (Interested Party)

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Cases

Erastus Mbaka v Metropol Credit Reference Bureau Limited and Law Society of Kenya Sacco Limited (Interested Party)

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: privacy breach

Case Summary

The Complainant filed this complaint due to inaccuracies in their personal data. Specifically, the Complainant claimed that the Interested Party incorrectly applied their savings to settle another member's loan. This mistaken loan was then reported to the Respondent, adversely affecting the Complainant's current credit application. The Complainant requested the deletion of this erroneous loan entry and a reassessment of their credit score.

In response, the Respondent stated that all the credit information it held was provided by authorised financial institutions, such as Saccos, which were required by law to ensure the accuracy of such data under the Banking (Credit Reference Bureau) Regulations 2020 and other relevant statutes. The Respondent further explained that the information from the Interested Party was protected by qualified privilege, and that removing it without explicit instructions from the Interested Party would have been illegal and violated Regulation 28(1)(q) of the Banking (Credit Reference Bureau) Regulations 2020.

The Respondent also mentioned that it had received confirmation from the Interested Party to retain the listing and treat the information as accurate, following a request for guidance about the Complainant's issue.

As a result of these actions, the Complainant sought alternative resolutions by challenging the Interested Party's actions before the Cooperatives Tribunal.

Issues for determination

  1. Whether the Complaint is merited 

Determination

The Complaint was dismissed. The Complainant was allowed to relodge his complaint upon concluding his complaint at the Co-operatives Tribunal.

Analysis 

The ODPC restrained from determining this complaint because it related to another complaint that was filed at the Co-operative Tribunal. The ODPC decided that it could not adjudicate or give directions on a matter that is still active in other dispute resolution forums.

 

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.