Complaints

Explore comprehensive case summaries and analyses of complaint determinations issued by the Office of the Data Protection Commissioner. This section provides detailed insights into the resolution of data protection complaints, highlighting key findings, legal reasoning, and implications for data protection practices.

Recent Complaints

Complaints

Political Parties complaints

In June 2021, Kenyans discovered that they had been involuntarily registered as political party members. This was a flagrant violation of Ke (...)

June 1st 2021 Kenya
Radisson Blu data breach

On August 5, 2021, Prow & Company Advocates filed a complaint with the Office of the Data Protection Commissioner (ODPC) regarding a pos (...)

August 5th 2021 Kenya
Complaints about digital lenders

John Bigingi, a taxi driver found himself in a fix of sorts after a lending company went after him.With the 14 day repayment period barely l (...)

January 21st 2022 Kenya
Gichuki & 4 others v Waigwa [2022] KEHC12253 (KLR) (Civ) (5 August 2022) (Ruling)

On July 27, 2022, the defendant tweeted innuendos and tweets accusing the plaintiffs of sexual harassment. This prompted several Kenyans on (...)

July 27th 2022 Kenya
Allen Waiyaki Gichuhi & 1 other vs Florence Mathenge & 1 other

Applicants: Allen Waiyaki Gichui and Charles WamaeRespondents: Florence Mathenge and Ambrose Waigwa.The applicants submitted a complaint to (...)

July 21st 2022 Kenya
Lucy Kinyanjui vs Easy Coach Limited/ODPC

On April 11th 2023, Lucy Kinyanju the Complainant, lodged a complaint with the Office of the Data Protection Commissioner claiming that Easy (...)

April 11th 2023 Kenya
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.