| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 26, 28(1) & (2), 29 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 20 June, 2023 |
| Decided: | 18 September, 2023 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Kennedy Owuor vs. Aventis Group |
| Case No.: | 1048 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Aventus Group (the (”Respondent”), a digital credit provider that operates LendPlus as its lending product, failed to abide by the provisons of the Data Protection law in not collecting data directly from the Complainant, and failing to uphold the rights of the data subject as outlined in the Data Protection Act, 2019.
Kennedy Owuor (the “Applicant”) lodged the complained against Aventus Group (the (”Respondent”) a digital credit provider that operates LendPlus as its lending product alleging that the firms representative had contacted seeking the whereabouts of a third party.
Afterwards, the Appliant continued to call him incessantly over that third party to a point where he had to relinquish further use of is phone to avoid the harassment. Also, his attempts to stop the Respondents from calling him was unsuccessful.
The Respondents alleged that the Applicant was listed as an alternative contact in respect of their customer. The Respondent never respondent to other matters required by the ODPC to respond to the complaint.
The ODPC determined that the Respondent failed to abide by the provisons of the Data Protection law in not collecting data directly from the complainant, and failing to uphold the rights of the data subject as required by the Data Protection Act, 2019.
The ODPC held that:
The full text of the ruling is available below.
The Complainant failed to prove his entitlement to compensation and the claim was thus denied.