Gladys Jepkoech Kemboi vs Diamond Trust Bank and Jubilee Insurance Company Limited

Cases Detail

Cases

Gladys Jepkoech Kemboi vs Diamond Trust Bank and Jubilee Insurance Company Limited

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

Case Summary 

Gladys Jepkoech Kemboi (Complainant) alleged that Diamond Trust Bank (1st Respondent) infringed her right to privacy by sharing her personal details including her bank account details, KRA number and Identification Number to Jubilee Insurance Company Limited (2nd Respondent). According to the Complainant, during a visit to the bank, an employee of the insurance company approached her, offering an insurance package. Although she signed a blank document, she contends that she did not provide explicit consent for enrollment in the insurance policy. The complainant alleged that the employee of the 2nd respondent then proceeded to fill in the insurance forms after receiving her personal details from the 1st respondent where she had an account. 

The 1st respondent in its defence stated that the information required to sign up for the insurance policy went over and beyond the details that the bank had. Consequently, they inferred that only the Complainant could have supplied her personal details to the insurance company. 

Issues for Determination:

  1. Whether there was a violation of the Complainant’s rights under the Act; and
  2. Whether the Complainant is entitled to any remedies under the Act and the attendants Regulations

Determination:  

The Complainant did not adequately prove that the first respondent gave out her personal information. She was requested to provide additional information but failed to do so. As such, the ODPC found that the Complainant’s rights under the Act were not infringed.

Consequently, the Complainant is not entitled to any remedies under The Act or under the Attendant Regulations. 

Case Analysis:

The Act, under Section 26(a) stipulates that a data subject must be informed of the use to which his or her personal data was to be put. Additionally, section 25 of The Act states that every data controller shall ensure that personal data is processed in accordance with the right to privacy. This case highlights that while personal data of every Kenyan shall be protected, a complainant must sufficiently show how his or her right was breached. In this case, the Complainant did not prove that her personal data including her family’s history and information regarding her weight and height came from the first respondent. She did not show that the first respondent had access to such data nor did she show that the 1st respondent then shared this data with the insurance company. 

 

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.