Kennedy Omondi Ochieng Vs Fingrow Capital Limited

Cases Detail

Cases

Kennedy Omondi Ochieng Vs Fingrow Capital Limited

Country: Kenya
Court: ODPC
Status: Determination
Tags: data protection,data subject rights,consent

Case Summary.

The Complainant took a credit facility from the respondent and had a conversation on repayment with the respondent. The respondent through its general manager retrieved the Complainants financial information and shared it with ABC Bank’s Customer service email making it accessible to numerous individuals in the bank. The Complainant lodged a complaint on 28 November 2024 against the Respondent claiming that the email was sent to his colleagues and the guarantor without consent. Such information included his National ID, letter of promotion, pay slips, guarantors personal details such as ID numbers, telephone. The Respondent did not respond to the complaint.

Issues of determination

  1. Whether the Complaint’s personal data was lawfully processed; and
  2. Whether the Complaint is entitled to any remedies under the Act and the attendant Regulations.

Determination

The transmission of the Complainant's financial and other personal data by the Respondent to the Complainant’s colleagues and Guarantor’s amounted to unlawful disclosure. The respondents did not establish any lawful basis of processing the Complainant’s data. As a result the Respondent was ordered to compensate the claimant KES. 200,000/=

Analysis

This case emphasizes the need to process personal data lawfully by adhering to Section 30 of the Act. Transmission of personal data to third parties should be by consent of the data subject or other lawful basis which a data processor or controller should be able to show. The Respondent in this case did not show that lawful basis of transmission of the Complaint’s data to third parties.

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.