Samuel Kamau Waweru Vs Platinum Credit Limited

Cases Detail

Cases

Samuel Kamau Waweru Vs Platinum Credit Limited

Country: Kenya
Court: ODPC
Status: Determination
Tags: data protection,Commercial use of personal data

Case Summary.

The Complainant lodged a complaint on 27 November 2024 against the Respondent for constantly sending unsolicited messages and calls promoting its loan products without his consent. On 15 November 2024, a sales representative of the Respondent called the Complainant and had access to his personal information such as his vehicle details. The sales representative informed the Complainant that the Respondent shared such data with the sales team to advertise products to customers. The Complainant had never been a customer to the Respondent and thus had never shared such data with them. The Sales representative was acting as a sales agent of the Respondent at the time of the infringement.

Issues of Determination

  I. Whether the Respondent fulfilled its obligations under the Act; and

 II.Whether the Complainant is entitled to any remedies under the Act and the attendant Regulation.

 Determination

The Respondent, Platinum Credit Limited is a data controller as the sales representative who sent the unsolicited messages to the Complainant was acting as their agent. The Respondent thus unlawfully processed the Complainant’s personal data for commercial purposes without consent from the Complainant. As a result, the Respondent was directed to compensate the Complainant KES. 400,000/=. The ODPC also recommended a prosecution for the Respondents Directors for providing false and misleading information to the office by denying having known the sales person and that they were not aware of the respondent .

Analysis

This case highlights the importance of getting a data subject consent before processing such data for commercial use to avoid violation of Section 37 of the Act. It is key to ensure that personal data held by a data controller is accurate and obtained with the consent of the controller before the same is shared with data processors for processing. Additionally, to avoid violation of Section 57 of the Act and avoid prosecution, It is key for data controllers and processors to avoid provision of false and misleading information to the Office for investigation.

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.