Ruphus Muita vs. Risine Credit Limited & Wakanda Credit Limited

Cases Detail

Cases

Ruphus Muita vs. Risine Credit Limited & Wakanda Credit Limited

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

Case Summary

On September 26, 2023, Ruphus Muita filed a complaint with the Office of the Data Protection Commissioner (ODPC) against two digital credit providers, Risine Credit Limited and Wakanda Credit Limited. The complaint pertained to a money lending product called Kashway, which the complainant alleged had unlawfully contacted him regarding an overdue loan. Specifically, the complaint involved the product sending a message instructing the complainant to inform a third party about the loan. The complainant argued that this action constituted a violation of his privacy rights under the Data Protection Act, 2019.

The ODPC, upon receiving the complaint, notified both respondents of the allegations and requested a response, including evidence on how they obtained and processed the complainant’s personal data. Despite these notifications, the respondents did not provide any response or evidence. Consequently, the ODPC proceeded to make a determination based on the available evidence and the applicable legal provisions.

Issues for Determination

  1. Whether there was a violation of the complainant’s rights under the Act.
  2. Whether the respondents fulfilled their obligations under the Act.
  3. Whether the complainant is entitled to any remedies under the Act and the attendant regulations.

Determination

The ODPC found that the respondents violated the complainant’s rights under the Data Protection Act, 2019. The respondents also failed to fulfil their obligations under the Act, leading to an Enforcement Notice and an order for nominal damages of Kshs. 25,000 to be paid to the complainant by each respondent.

Analysis

Whether there was a violation of the Complainant’s rights under the Act

The complainant is a data subject under the Data Protection Act, 2019, which provides specific rights, including the right to be informed about the use of their personal data (Section 26(a)). The evidence included a screenshot of a message from Kashway, showing that the complainant was asked to inform another individual about an overdue loan. This action required prior consent from the complainant, which was not obtained, thereby violating his rights.

Whether the respondents fulfilled their obligations under the Act

As data controllers and processors, the respondents are obligated under Section 25 of the Act to process personal data lawfully, fairly, and transparently. They must also notify data subjects about the collection and use of their data as per Section 29. The respondents’ failure to respond to the ODPC’s notifications and to provide a legal basis for processing the complainant’s data indicates non-compliance with these obligations. Section 28(1) requires data to be collected directly from the data subject, and Section 30 mandates consent for processing personal data.

Whether the complainant is entitled to any remedies under the Act and the attendant regulations

The ODPC, under Section 58 of the Act, issued an Enforcement Notice against the respondents for failing to fulfil their obligations. Additionally, Section 65(1) and (4) of the Act entitle the complainant to compensation for the damage and distress caused by the breach. Consequently, each respondent is ordered to pay Kshs. 25,000 in nominal damages to the complainant.

 

 

 

 

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.