Contents

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

Summary

The Complainant, who filed a complaint with the Office of the ODPC regarding the accuracy of personal data held by his SACCO, was asked to resubmit the complaint after the Cooperative Tribunal resolves the related claim.

Facts

Erastus Mbaka (the “Complainant”) alleged that the Respondent's records were inaccurate, exposing financial loss by misrepresenting his credit situation and compromising his most recent credit application.

He averred that the 1st Respondent listed his loan as non-performing when it was not.

He further avers that the problem emanated from the action by the 1st Respondent in crediting his repayments into a loan account belonging to a third party.

The 1st Respondent averred that it derives its data processing mandate from Regulation 15(1)(a) to (e) of the Banking (Credit Reference Bureau) Regulations, 2020 and performed them a data processor acting on the instructions of the 2nd Respondent. The 2nd Respondent further averred that it had indeed carried out the instructions of the 2nd Respondent and could not unilaterally change them particularly after those instructions were further affirmed by the 2nd Respondent in the course of the dispute.

The Respondent further averred that the matter was subsequently referred to the dispute resolution process/mechanisms (a Trubunal) in the SACCO sector namely the Cooperative Tribunal, and the matter is pending resolution.

As a result of the above, the Office of the Data Protection Commissioner found that it could not involve itself in an action which was pending resolution at a different Tribunal particularly where the outcome of the dispute in that forum would have a bearing on its accuracy ruling.

Holding

The ODPC held that:

• The claim is dismiased.
• The Complainant re-lodges his claim upon conclusion of the Cooperative Tribunal case.

Comment