George Maina Mwangi vs Customs Manager, ICMS Licensing – KRA

Cases Detail

Cases

George Maina Mwangi vs Customs Manager, ICMS Licensing – KRA

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: right to privacy,data processing,data protection,personal data,compliance,data subject rights

Case Summary

A George Maina Mwangi (Complainant) claimed that, Customs Manager, ICMS Licensing (Respondent), continued to expose his ICMS profile, including personal data, to a third party (someone who replaced him after a service termination). The Complainant alleged that despite his request to remove his profile and replace it with his successor in the system, this was not done, according to them. The respondent, in its part, claimed it removed the complainant's profile, before receiving the formal request. The profile was replaced and deactivated, with supporting documentation provided. The respondent argued the complaint is moot as the matter has been resolved.

Issues for Determination

  1. Whether the Complainant's rights were infringed upon; and
  2. Whether the Complainant is entitled to any remedy under the Act.

Determination

The respondent did not infringe upon the complainant's rights under the Data Protection Act, since it complied with the request, even before it came in. Customs Manager, ICMS Licensing therefore acted in compliance with Section 40 of the Data Protection Act.

Analysis

As the ODPC found, by the time the complainant requested the revocation and disabling of his profile on May 13, 2021, the respondent had already acted to change the user from the complainant to another person on May 7, 2021. In fact, the Respondent provided conclusive evidence to this end that showed the respondent fulfilled obligations under Section 40 and related regulations by deactivating the complainant's profile before his request, so his rights were not violated. Section 40 of the Act upholds the right for a data subject to request a data controller to erase or rectify the subject’s data. Equally, it obliges the controller to ‘without undue delay’ comply with the request. 

The case therefore highlights the importance of data protection protocols in systems that handle personal information. It demonstrates the need for organizations to act quickly and efficiently in response to data subject requests, as the respondent's prompt removal of the complainant's profile prior to receiving the formal request suggests best practices for safeguarding personal data. The case also shows the significance of maintaining thorough records of actions taken, as the respondent's supporting documentation was key to demonstrating compliance with Section 40 of the Act. Additionally, it suggests that data subjects should be proactive in understanding their rights and monitoring their personal data in organizational systems.

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.