Radisson Blu data breach

Complaints Detail

Complaints

Radisson Blu data breach

Country: Kenya
Court:
Sources: Social media (Twitter),Letter from Prow & Co. Advocates
Tags: Privacy,Data Protection

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.

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.