| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25, 26(a) & (c), 28, 29, 30, 32 and 65 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 30 September, 2023 & 13 October 2023 |
| Decided: | 11 December 2023 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Haron Korir & Anor vs. Sure Cred Capital Ltd t/a YesCash |
| Case No.: | 2056 of 2023 & 2056 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
SureCred Capital Ltd t/a YesCash (”the Respondent”), a digital credit provider infringed upon the rights of the Complainants’ when it used their phone numbers as emergency contacts for their loanees, without a legal basis.
The case involve allegations made by Haron Korir and Abdulkadir Aziz (”the Complainants”) against Sure Cred Capital Ltd t/a YesCash (”the Respondent”), a digital credit provider, regarding the unauthorized use of their contact details.
The Complainants claimed to have received threatening calls and messages related to the Respondent's clients who failed to pay their loans.
They also alleged that their phone numbers were used as emergency contacts without their consent.
Screenshots of messages from the Respondent were provided as evidence of the alleged violations.
The Respondent was accused of not obtaining consent for listing the Complainants as emergency contacts and failing to fulfill its obligations under the Data Protection Act.
As a result, the Complainants sought remedies for the violations of their rights under the act, including compensation and an enforcement notice against the respondent.
The Respondent never filed a responce to the complaint filed against it as a result the allegations were deemed to be uncontroverted.
The ODPC held that: