| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 2, 28(1), 29, 30 of the Data Protection Act, 2019 |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 11 & 30 May 2023 |
| Decided: | 2 August 2023 |
| Published: | N/A |
| Fine: | N/A |
| Parties: | Arnold Mwaura & Anor vs. Mulla Pride Limited |
| Case No.: | 778 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Mulla Pride Ltd (the ‘Respondent’), a digital credit provider, was found liable for violating the provisions of the Data Protection Act 2019 by unlawfully processing the personal data of the Complainants.
Mulla Pride Ltd is a digital credit Provider and operates two mobile lending apps, LCash, Faircash and KeCredit.
The Respondent allegedly accessed the names and contact details of the Complainants from the phone books of its customers and subsequently made and/or sent them threatening messages and phone calls allegedly as guarantors of the debts.
The Complainants had not consented to the use of their personal information in this way or at all.
The Respondent informed the ODPC in responce that they collect information on guarantors to facilitate their administrative actions in debt collection.
The Respondent however failed to provide:
The Office of the Data Commissioner held that: