Jeff Nduko vs One Acre Fund

Cases Detail

Cases

Jeff Nduko vs One Acre Fund

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

Case Summary

Jeff Nduko lodged a complaint with the Office of the Data Protection Commissioner (ODPC) on April 14, 2023, against One Acre Fund, alleging unlawful use of his personal data. The Complainant received unwarranted messages and calls from the Respondent demanding repayment of a loan he had not taken, despite never having subscribed to their services. The ODPC investigated under the Data Protection Act, 2019, and relevant regulations. The Respondent admitted to mistakenly entering the complainant’s phone number (07XXXX6877) into their database instead of their client’s number (07XXXX6977), resulting in the erroneous communications. The Respondent took remedial actions, including ceasing the messages, planning additional staff training, implementing data validation mechanisms, and developing a Know Your Client (KYC) policy. On June 19, 2023, the Complainant confirmed via email that he no longer received the messages, resolving the issue. 

Issues for Determination

            •           Whether the Respondent violated the principles of data protection as outlined in the Data Protection Act, 2019, by processing the Complainant’s personal data without consent.

Determination

The Respondent was found to have violated the data protection principle of accuracy under Section 25 of the Data Protection Act, 2019, by erroneously capturing and processing the Complainant’s phone number. The Respondent rectified the error promptly upon notification, and the Complainant confirmed the cessation of the unwarranted messages. The complaint was resolved and marked as closed, with the parties advised of their right to appeal to the High Court of Kenya.

Analysis

This case emphasizes the importance of the data protection principle of accuracy under Section 25 of the Data Protection Act, 2019, which mandates that personal data be accurate and kept up to date. The Respondent’s error in recording the Complainant’s phone number instead of that of their client, led to an infringement of the Complainant’s right to privacy. The Respondent’s swift corrective actions, including stopping the messages and enhancing data validation processes, demonstrate a commitment to addressing the violation. However, the case highlights that compliance with data protection laws requires ongoing practical implementation beyond registration as a data controller. The ODPC noted that the Respondent, while registered as a data controller, should also register as a data processor, given its dual role in processing client data. The resolution of the complaint through the ODPC’s intervention and the Respondent’s remedial measures underscores the importance of robust data handling practices to prevent privacy breaches.

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.