Complaints
Radisson Blu data breach
Summary
On August 5, 2021, Prow & Company Advocates filed a complaint with the Office of the Data Protection Commissioner (ODPC) regarding a possible data breach involving the records of hotel guests at the Radisson Blu Hotel & Residence, Nairobi Arboretum. A guest list from the hotel was leaked to the public via bloggers under mysterious circumstances. Prow & Company Advocates wrote a letter requesting an investigation and holding the hotel accountable for violating guests' privacy. They contended that Radisson Blu Hotel committed a serious data breach and violated the privacy rights of all Radisson guests whose personal information was illegally published/leaked. The leaked information demonstrated Radisson's profound disregard for data subjects' rights and non-compliance with the existing data protection laws. The hotel's management and staff are responsible for protecting guests' and private data by ensuring that appropriate safeguards are in place to protect the guest's name, address, room number and any other personal data or sensitive personal data. This may be accomplished through the use of restricted authorization, the implementation of password protection, and the treatment of information with an appropriate degree of sensitivity. Thus, any information leak implies serious collusion between staff and third parties. Article 31(c) and (d) of the Constitution of Kenya guarantee the right to privacy as a fundamental right. This right is embodied in the Data Protection Act of 2019, which requires the Office of the Data Protection Commissioner (ODPC) to resolve such complaints against data controllers and processors. Pursuant to penalties listed in the DPA, the complainants are now seeking a Sh.5 million fine against the hotel or, in the case of an undertaking, up to 1% of its annual revenue for the preceding fiscal year, whichever is less.
Analysis
Article 31 (c) and (d) of the Constitution of Kenya guarantee the right to privacy by stating that every person has the right to privacy, which includes the right not to have information about their family or private affairs required or revealed in an unnecessary manner; and the right not to have the privacy of their communications violated. The Data Protection Act gives effect to this provision by establishing the Office of the Data Protection Commissioner. The Data Commissioner is responsible for regulating the processing of personal data and establishing data subjects' rights and obligations of data controllers and processors. Sections 8 and 9 of the Act empower the Data Commissioner to receive and investigate complaints from individuals alleging violations of rights under the Act, to conduct inspections of public and private entities to assess their processing of personal data, and to summon witnesses for the purposes of the investigation.
Prow & Company Advocates wrote to the Data Commissioner on August 3, 2021, requesting an investigation into a possible data breach at the Radisson Blu Arboretum on or about August 3, 2021. The letter contended that Radisson Blu, Arboretum had violated guests' privacy by disseminating leaked information on social media platforms via bloggers. The information leaked included guests' names, room numbers, and check-in/check-out times. This raised concerns about the hotel's compliance with the DPA, as well as the appropriate safeguards in place to protect data subjects' rights, in terms of the Act.
The Data Commissioner responded inquiring whether the complainant had a standing to file the complaint. Section 63 of the Act provides that the Data Commissioner may impose a penalty notice of up to 5 million shillings or, in the case of an undertaking, up to 1% of the preceding financial year's annual revenue.
The breach was likely caused by the lack of appropriate safeguards.