Contents

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

Summary

The Complainant alleged that the Respondent processed a loan using his personal details without first obtaining his consent.

Facts

The Complainant alleged that Fin Kenya (the “Respondent”), a digital lender, processed a loan using his personal details without first obtaining his consent.

He alleges that he had a running loan with the Respondent which he was servicing as required. He was later contacted by an employee of the Respondent to confirm certain details relating to his existing loan and in the course of that discussion declined an offer to top up his loan.

He later noticed that his monthly repayments had gone up, and on inquiry learnt that his loan had been topped up and he was now paying a higher monthly repayment as a result. He avers that he never approved for the new loan to be processed and that the top up had been done irregularly.

His attempts to resolve the issue with the Respondent was not possible as the Respodent did not cooperate with him for that purpose. He filed the complaint with the ODPC and asked for compensation.

The Respondent never responded to the ODPC’s summons.

Holding

The ODPC held that:

• The Complainant's right to be informed of the use of his personal data had been infringed upon.
• The Complainant is entitled to receive a refund of Kes.3,440 proved as having been irregularly deducted from his salary.
• The Complainant to be paid compensation in the sum of Kes.750,000/= for infringement if his rights under the DPA,19 by the Respondent.
• An order issued against the Respondent, to release the application forms used to process the second loan to the Complainant in fulfilment of his rights of access.