Contents

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

Summary

Margaret Nzula complained her former employer, United Winners DT Sacco, unlawfully disclosed adverse information, causing job loss, and denied her access to it. The ODPC found United Winners liable for infringing Nzula's right to access her personal data. It ordered them to provide the letters and pay Kshs. 250,000 compensation, dismissing the complaint against Shirika DT Sacco.

Facts

The Complainant, Margaret Nzula, lodged a complaint alleging that her former employer, the 1st Respondent (United Winners DT Sacco, formerly Umoja Wendani Sacco), unlawfully disclosed adverse information about her to the 2nd Respondent (Shirika DT Sacco) without her consent while she was on probation. This disclosure resulted in her losing a job opportunity and being denied access to the said adverse information.

She had worked for the 1st Respondent for seven years, from January 2017 to October 2023, during which the Sacco experienced notable growth. She received good recommendation letters from the 1st Respondent dated 22nd November 2023 and 23rd October 2023, regarding her contract ending on 31st October 2023.

In January 2024, she secured a job opportunity with the 2nd Respondent as a Finance Manager on probation for six months. Upon the expiry of her probation, she received a letter from the 2nd Respondent dated 18th January 2024, extending her probation period due to a background check that involved her former employer, the 1st Respondent.

She asserts that the 1st Respondent issued adverse information about her via letters dated 11th July 2024 and 19th August 2024, to the 2nd Respondent, without her consent. She requested these letters in vain on 25th October 2024 and 19th November 2024. The adverse information allegedly caused her to lose a job opportunity as a CEO at Utabibu Sacco and she fears potential loss of future job opportunities.

She sought several remedies, including: access to the two letters containing the adverse information, compensation for the lost job opportunities, compensation for the distress suffered, compensation for sharing adverse information without consent, and compensation for the violation of her data protection rights.

She provided supporting documents, including a copy of a recommendation letter, a letter from the 2nd Respondent requesting adverse letters, a letter from the 1st Respondent responding to her request, and a letter reminding the 1st Respondent of her request for adverse letters.

The 1st Respondent (United Winners DT Sacco):

• Averred that the Complainant's contract lapsed due to the effluxion of time on 31st October 2023 and was not renewed, denying her allegations.
• Stated they deliberately chose not to renew her contract due to suspicious activities, but had no way of verifying this. An audit conducted after her departure confirmed culpability/omissions, as highlighted in letters dated 11th July 2024 and 19th August 2024.
• Contended they were requested by the Complainant's then employer (2nd Respondent) to provide a confidential reference, which they believed was in line with Sacco Societies Regulatory Authority (SASRA) requirements.