Lucy Kinyanjui vs Easy Coach Limited/ODPC

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Complaints

Lucy Kinyanjui vs Easy Coach Limited/ODPC

Country: Kenya
Court:
Sources: Complaint No. 0537 of 2023 - ODPC
Tags: Data protection,Privacy,Breach

Attachments:

Summary

On April 11th 2023, Lucy Kinyanju the Complainant, lodged a complaint with the Office of the Data Protection Commissioner claiming that Easy Coach Limited, the Respondent, had shared her personal details without her consent, leading to harassment by a third party who accused her of stealing his luggage. Easy Coach Limited collects and processes personal data of passengers for travel services and stores the information on their servers. 

The Respondent argued that they collect and process personal data of passengers for the purpose of providing travel services. They stated that the Complainant's information was collected during the booking process, including details like name, address, phone number, ID document, date of birth, email address, and payment information. The Respondent emphasised that all collected information is stored securely on their servers. They also mentioned that they prepare passenger manifests for verification and financial management, with access limited to specific purposes such as legal and financial compliance. The Respondent further highlighted that they have put in place mitigation measures to address the issues raised in the complaint, including privacy policies, complaints handling procedures, staff training, and redacting passenger details on manifests to limit access. The Respondent stated further that they prepare passengers' manifests for verification and financial management, with access limited to specific purposes. 

Issues for determination

The issues for determination in this case were:-, 

  • Whether the Respondent fulfilled its duty to notify the Complainant of the use of her contact details as per Section 29 of the Data Protection Act.
  • Whether there was any infringement of the Complainant’s rights as a data subject as provided for in the Data Protection Act.
  • Whether the Complainant is entitled to any remedies under the Data Protection Act .

Determination

The Office of the Data Protection Commissioner made the following determinations based on their analysis of the complaint, responses from the Respondent, and their investigations:

  1. The Respondent demonstrated compliance with collecting, storing, and processing personal data in accordance with the Data Protection Act.
  2. The Respondent fulfilled the duty to notify data subjects as required by the Act.
  3. The Data Commissioner directed the Respondent to provide proof of staff training within seven days of receiving the determination.
  4. In case of non-compliance with the training requirement, an Enforcement Notice would be issued.

Additionally, the Office of the Data Protection Commissioner noted that the Respondent had implemented organisational steps and safeguards to prevent unauthorised sharing of passenger data without consent, as requested by the Complainant.

Analysis

The case demonstrates ways in which data protection has become more widely recognized and understood by the public in Kenya. It further demonstrates an awareness of rights of a data subject as prescribed under section 26 of the Data Protection Act, and the duties of data controllers and processors in respect to data collection and compliance with the provisions of the Act. Key observations from the case include:- 

  1. Unauthorised Access and Harassment: The complaint raised by the passenger highlights the potential consequences of unauthorised access to personal data. In this case, the Complainant experienced harassment due to her personal details being accessed without consent. Section 43 of the DPA underscores the importance of robust data protection measures to prevent such incidents and protect individuals' privacy rights.
  2. Data Collection and Processing: The Respondent company's collection and processing of passenger data for travel services demonstrate the necessity of data handling in service provision. However, the case emphasises the need for transparency in informing individuals about the collection of their data and the purposes for which it will be used, as per data protection regulations. This is in line with section 29 of the Data Protection Act highlighting the duty to the data controller and processor to inform the data subject prior to collection of data. Additionally, section 30 (b) of the DPA highlights the necessity for processing personal data which is further grounded by section 30(b)i.
  3. Organisational Safeguards: The determination notes that the Respondent had implemented organisational safeguards to prevent similar incidents in the future. This demonstrated compliance with the provisions of the Data Protection Act as prescribed under section 41 requiring necessary technical and organisational safeguards to be put in place in the processing of personal data which includes privacy by design and default. Additionally, section 42 gives prerequisites for determining what organisational measures must be put in place where the processing involves the transmission of data over an information and communication network.
  4. Compliance and Enforcement: The Data Protection Commissioner's determination focused on assessing the respondent's compliance with data protection laws, including the duty to notify data subjects and the requirement for staff training. The issuance of an Enforcement Notice in case of non-compliance underscores the importance of enforcement mechanisms to ensure adherence to data protection regulations.

This case serves as a practical example of the implications of data protection breaches and the importance of proactive measures to safeguard personal information. It underscores the need for organisations to prioritise data protection, transparency in data handling practices, and continuous staff training to uphold individuals' privacy rights and comply with data protection regulations.

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.