John Mburu vs Kenpoly Manufacturers Ltd

Cases Detail

Cases

John Mburu vs Kenpoly Manufacturers Ltd

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

Case Summary

This case involves a complaint lodged by John Mburu against Kenpoly Manufacturers Ltd. The Complainant alleges that his National ID was photographed and uploaded into the Respondent's system without his consent. Despite his request for deletion of the photo, the Respondent ignored his request, infringing on his rights under the Data Protection Act, 2019. The Office of the Data Protection Commissioner (ODPC) investigated the complaint, examining the actions of the Respondent and the evidence provided by both parties.

Issues for Determination

  1. Whether the Complainant's personal information/data was processed in accordance with the law.
  2. Whether the complaint was sufficiently addressed by the Respondent.

Determination

The ODPC found that the Complainant's personal data was processed without his consent, violating the Data Protection Act, 2019. Further, the ODPC concluded that the Respondent eventually deleted the Complainant's personal data from its system, thereby resolving the complaint.

Analysis

On whether the Complainant's personal information/data was processed in accordance with the law

The Complainant alleged that his National ID was photographed and uploaded into the Respondent's system without his consent, and despite his request for deletion, the data was retained. According to Section 30 of the Data Protection Act, 2019, processing of personal data requires the data subject's consent or must fall under other lawful bases such as contractual necessity or compliance with legal obligations. The Complainant argued that his consent was not obtained, violating Section 32 of the Act, which stipulates the conditions for valid consent. The Respondent acknowledged the data collection but claimed it was standard procedure for security purposes, providing assurance that the data was not misused. However, they failed to produce evidence of the Complainant's explicit consent. Therefore, the Office of the Data Protection Commissioner (ODPC) concluded that the Complainant's personal data was processed without consent, violating the Act.

On whether the complaint was sufficiently addressed by the Respondent

The Respondent responded to the Complainant’s concerns by email, assuring him that his data was collected as a standard procedure and not misused. Despite the initial lack of action, the ODPC’s investigation revealed that the Respondent had deleted the Complainant's personal data from their system following the complaint. This action demonstrated the Respondent's compliance with the ODPC’s directive, thus addressing the Complainant's concerns. Consequently, the ODPC determined that the complaint was resolved.

 

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.