Teresia Karungari vs Branch Microfinance Bank

Cases Detail

Cases

Teresia Karungari vs Branch Microfinance Bank

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: data subject’s rights,data accuracy,data protection principles

Case Summary

Teresia Karungari filed a complaint with the Office of the Data Protection Commissioner (ODPC) on May 15, 2023, against Branch Microfinance Bank. She alleged that the Respondent sent her three daily email messages for months, claiming she had not cleared a loan from Century Microfinance, despite having settled it in 2022. The ODPC notified the Respondent on June 5, 2023, and received a response on June 15, 2023. The Respondent acknowledged an oversight in their records, which led to the Complainant being listed as a default borrower. Investigations confirmed the violation, but the complaint was resolved after the Respondent rectified the issue.

Issues for Determination

1. Whether the Respondent violated the principles of data protection as provided for in the Data Protection Act, 2019

Determination

The ODPC found that Branch Microfinance Bank contravened Section 25(f) of the Data Protection Act, 2019, by failing to maintain accurate and up-to-date personal data, which led to erroneous communications about a loan the Complainant had already cleared. Following notification, the Respondent corrected the Complainant’s records and halted unnecessary communications, resolving the issue. Consequently, the ODPC marked the complaint as closed, noting that the parties retained the right to appeal to the High Court of Kenya.

Analysis

This case highlights the importance of maintaining accurate and up-to-date personal data, as required by Section 25(f) of the Data Protection Act, 2019. The Respondent’s failure to update the Complainant’s loan status resulted in prolonged, unwarranted communications, infringing her rights under Section 26(d) and (e) to correction and deletion of inaccurate data. The prompt rectification upon notification demonstrates the effectiveness of ODPC’s intervention but underscores the need for proactive data management to prevent such violations. The case serves as a reminder for data controllers to implement robust systems for data accuracy and compliance with data protection principles to avoid infringing data subject rights.

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.