Contents

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

Summary

Salauddin Yousuf Khan complained Azura Credit and Mulla Pride harassed him over a loan he wasn't party to, infringing his privacy rights. The ODPC found the Respondents violated his right to be informed and object, processing data without consent. They were ordered to cease contact, issued an Enforcement Notice, and compensated KES 500,000.

Facts

The Complainant, Salauddin Yousuf Khan, lodged a complaint on 17th September 2024, alleging that he had been receiving numerous calls and emails from the Respondents regarding a loan. He contended that he was not a party to this loan and had not consented to be listed as a referee or emergency contact person.

Specifically, the Complainant asserted that:

• On 10th August 2024, his employer, NextGen Pharmaceuticals (K) Ltd, received an email from the Respondents about an employee's loan in arrears .
• He responded to the email to verify claims and identify the lenders, who then disclosed their company names .
• Despite confirming he was neither a party to nor aware of the loan, the Respondents' agents embarked on a concerted campaign of incessant calls and threats to his office and personal phone .
• These calls, numbering hundreds per day for over a week, included threats to report him for failing to pay his employee's (false) salary to force him to clear her loan .
• Callers were uncooperative, shouting "B****** alipe deni!" and hanging up .
• Legal counsel issued cease and desist notices, but the threats continued .
• The incessant, threatening calls, often with hidden caller IDs, caused him mental anguish, helplessness, and an inability to carry on with his usual business .
• The Complainant sought a directive to stop the Respondents from contacting and threatening him and NextGen Pharmaceuticals, a finding that his privacy rights were infringed by the illegal use of his personal contact information, and aggravated damages for the distress suffered.