| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 30 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | No violation |
| Started: | 5 October 2023 |
| Decided: | 2 January 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Elijah Mokua vs. Asar International Credit Ltd & 2 Others |
| Case No.: | 1926 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Bidii Credit Limited and Oya Micro-Credit Company Ltd were found to have unlawfully processed the personal data of the Complainant contacted him to repay a loan taken by his wife, even though he was not her guarantor at the time she took the loan.
The complaint was lodged by the Complainant, who is the aggrieved data subject, pursuant to the Data Protection Act and the Data Protection (Complaints Handling Procedure and Enforcement) Regulations.
The complaint is against ASA International Kenya Limited, Bidii Credit Limited, and Oya Micro-Credit Company Ltd.
The Complainant claims that the Respondents have been contacting him to repay a loan taken by his wife, even though he was not her guarantor at the time she took the loan. The determination of the complaint is based on the findings of the investigations conducted by the Data Commissioner's office. The office found that the Complainant's personal data was unlawfully processed by the Respondents, and enforcement notices were issued against them.
The ODPC held that the Complainant's personal data was unlawfully processed by the Respondents, and enforcement notices were issued against them.
The full text of the ruling is available below.
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