| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Regulation 15, 16 & 17 of the Data Protection (General) Regulations, 2021; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 2 June, 2023 |
| Decided: | 30 August 2023 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Agnes Kimanzi vs. Grass International Ltd & Anor |
| Case No.: | 914 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Grass International Ltd and Solomon Muthui (the “Respondents”) were found to have violated the Applicants rights under the data protection law by failing to have an adequate opt-out mechanism in respect of direct marketing messages.
Agnes Kimanzi (the “Applicant”) filed a suit against Grass International Ltd and Solomon Muthui (the “Respondents”) alleging that the Respondents have been sending her a barrage of unsolicited direct marketing messages via text message.
She avers that the Respondents continued to send the messages notwithstanding her repeated requests to the firm to stop.
The 1st Respondents in responce to the claim, averred that it directed the 2nd Respondent, its dealer, to engage the Applicant in an effort to resolve the issue.
Consequently, the Applicant and the 2nd Respondent had agreed to block each other. This position was denied by the Applicant and no concilliation or arbitration agreement was adduced to the ODPC to verify this position.
As a result of the above, the ODPC found that the Respndents have violated the Applicant's rights under the data protection law by failing to have adequate opt-out mechanism.
The ODPC held that:
The full text of the ruling is available below.