Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

The complaint alleged unsolicited promotional messages despite objections. The Data Commissioner found Digital Regenesys liable for unlawfully processing personal data. They were ordered to delete the complainant's data, stop contacting them, and pay KES 200,000 in compensation.

Facts

The Complainant alleged that the Respondent had been sending unsolicited promotional messages without their knowledge and/or consent. They contended that this had been happening despite their explicit and repeated objections, including a formal cease and desist notice sent to the Respondent.

Specifically, the Complainant stated that on 28th October 2024, they received an unsolicited promotional WhatsApp message, and on 29th October 2024, another unsolicited promotional message regarding Artificial Intelligence course and payment options.

The Respondent was non-responsive and did not respond to the Notification of Complaint filed against it. Therefore, the allegations levelled against the Respondent remained uncontroverted.

The Office found that the Complainant had been receiving unsolicited promotional and/or marketing messages from the Respondent despite their explicit and repeated objections. The Office determined that the Respondent had processed the Complainant's personal data unlawfully. This was evident from the allegations that the Complainant kept receiving messages despite not giving consent and having objected to them.

The Respondent failed to respond to the complaint and provide evidence that the processing was lawful.

• Evaluation of Applicable Laws

Holding

The Data Commissioner made the following determination:

• The Respondent is hereby found liable.
• The Respondent is hereby ordered to delete the Complainant’s personal data from its systems, stop contacting him and avail proof thereof to this Office within seven (7) days of this determination.
• An Enforcement Notice is hereby issued to the Respondent.