Lucy Kinyanjui vs Easy Coach Limited

Cases Detail

Cases

Lucy Kinyanjui vs Easy Coach Limited

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: privacy breach,consent,duty to notify,data sharing

Case Summary

Lucy Kinyanjui lodged a complaint with the Office of the Data Protection Commissioner (ODPC) on April 11, 2023, against Easy Coach Limited, a Kenyan bus transportation company. The complaint arose after Kinyanjui, a passenger on one of the Respondent’s vehicles on April 10, 2023, received phone calls from a third party accusing her of stealing luggage, addressing her by name. The Complainant alleged that her personal details, including her name and phone number, were accessed from the Respondent’s passenger manifest without her consent. She claimed that Easy Coach admitted the third party likely obtained her details from the manifest. The ODPC notified the Respondent on June 13, 2023, and conducted investigations based on the complaint and the Respondent’s response.

Issues for Determination

1. Whether the Respondent collects, stores, and processes personal data in accordance with the Data Protection Act, 2019.

2. Whether the Respondent fulfilled the duty to notify under Section 29 of the Act.

3. Whether there was a legal basis for processing personal data as per Section 30 of the Act.

4. Whether the Respondent has deployed sufficient mitigation measures to address similar complaints.

Determination

The Office of the Data Protection Commissioner determined that Easy Coach Limited adhered to the Data Protection Act, 2019, in its collection, storage, and processing of personal data as per Section 25. The company fulfilled its duty to notify under Section 29 by informing the Complainant of data collection purposes through its accessible Privacy Policy, accepted during booking. It was also found to have a legal basis under Section 30 for processing the Complainant’s data to fulfill a travel service contract. However, the data was to be stored securely and not be disclosed without the Complainant’s consent. In this case, a third party unlawfully accessed the Complainant’s personal data, which formed the basis of the complaint. In response, the Respondent demonstrated that they had implemented remedial measures, including redacting passenger manifest details, conducting staff training, and updating its data protection policies. The ODPC directed Easy Coach to submit proof of staff training within seven days, with an enforcement notice to be issued if they failed to comply.

Analysis

This case highlights the importance of safeguarding personal data to prevent unauthorized access, as mandated by Section 25 of the Data Protection Act, 2019. The unauthorized access to the Complainant’s personal data by a third party underscores the risks associated with sharing sensitive information, such as passenger manifests, without adequate protection. The Respondent’s acknowledgment that the manifest was shared with drivers, potentially leading to the breach, emphasizes the need for robust data protection measures. The ODPC’s findings affirm that while Easy Coach had a legal basis for data collection and processing, the incident revealed vulnerabilities in data handling practices. The mitigation measures, such as redacting manifests and enhancing staff training, align with Section 41’s requirement for technical and organizational safeguards. This case serves as a precedent for organizations to prioritize data security and transparency to uphold data subjects’ rights under the Act. 

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.