Koros Kiprotich vs Higher Education Loans Board

Cases Detail

Cases

Koros Kiprotich vs Higher Education Loans Board

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

Case Summary

Koros Kiprotich filed a complaint with the Office of the Data Protection Commissioner (ODPC) on May 11, 2023, against the Higher Education Loans Board (HELB). He alleged that HELB failed to update his loan repayment status on its portal, which still showed him as a defaulter despite clearing his loan and obtaining a Credit Reference Bureau (CRB) clearance certificate. The ODPC notified the Respondent on June 5, 2023, and received responses on June 9 and June 29, 2023.

The Respondent acknowledged the delay in updating the Complainant’s records but claimed the portal was updated. Investigations confirmed the violation of data accuracy principles.

Issues for Determination

1. Whether the Respondent violated the principles of data protection and the Complainant’s rights as a subject.

Determination

The ODPC ruled that the Higher Education Loans Board violated the Complainant’s rights to rectification and erasure of inaccurate personal data under Sections 26(d), 26(e), and 40 of the Data Protection Act, 2019, by failing to update his loan repayment status, which incorrectly listed him as a defaulter. The Respondent was directed to rectify and update its records within seven days, with an Enforcement Notice to be issued for non-compliance. The parties were informed of their right to appeal to the High Court of Kenya.

Analysis

This case underscores the importance of data accuracy and timely rectification under Sections 25(f) and 40 of the Data Protection Act, 2019. The Respondent’s failure to promptly update the Complainant’s loan status, despite clearance, infringed his rights to correction and erasure of misleading data. The acknowledgment of the delay and subsequent updates highlight the need for proactive data management systems. The case serves as a precedent for data controllers to ensure real-time data accuracy and compliance with data subject rights, particularly in financial institutions where inaccurate data can have significant consequences.

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.