Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: Section 25, 26, 30 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya
Type: Complaint
Outcome: Violation
Started: 17 November 2023
Decided: 14 February 2024
Published: Yes
Fine: N/A
Parties: Daniel Miruka vs. Trident Insurance Company Ltd
Case No.: 2379 of 2023
Appeal: N/A
Original Source: ODPC
Original contributor: MZIZI Africa

Contents

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

Summary

Trident Insurance Company Ltd ( the “Respondent”), an insurance provider were held liable for infringing the rights of the Complainant under the Data Protection Act, 2019 when it processed an insurance product on a vehicle in favour of the Complainant notwithstanding the fact that the Complainant did not own the vehicle and had not applied for the product.

Facts

Daniel Miruka (the “Complainant”) alleged that Trident Insurance Company Ltd ( the “Respondent”), an insurance provider had processed an insurance product on a vehicle in his favour notwithstanding the fact that he did not own the vehicle and had not applied for the product.

The complaint was filed directly with the ODPCs office without being referred to the insurance company first.

The ODPC requested the Respondent to respond to the allegations to no avail and found that this lack of responce negated the Complainant's failure to approach the Respondent in the first instance and that the Complaint is uncontroverted.

Holding

The ODPC held that:

Comment

The full text of the ruling is available below.

Further resources