| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25(a) and (c), 26, 28(1), 29, 30, 32 and 41 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 22 March 2024 |
| Decided: | 19 June 2024 |
| Published: | Yes |
| Fine: | Kes.500,000/= |
| Parties: | James Wangome Ngochi vs. Grola Tech Ltd t/a Lion Cash - ODPC Complaints No. 483 of 2024 |
| Case No.: | 483 of 2024 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
A complaint was received by the Office of the Data Protection Commissioner against Grola Tech Ltd t/a Lion Cash Technology Company (the “Respondent”). The complaint alleges that the Respondent was contacting the Complainant and sending numerous messages regarding a loan that he had no knowledge of.
The Respondent is a digital credit provider operating a money lending product known as “Lion Cash”
The Complainant alleged that the Respondent was sending him constant text messages regarding a debtor who owed the respondent money and in respect of which the Complainant was listed as a debtor without his knowledge or approval.
The Complainant provided screenshots of the text messages as proof.
The Respondent was notified of the complaint but failed to respond. Consequently, the office found that there was a violation of the complainant's rights under the Act, as the Respondent failed to inform the Complainant of the use to which his personal data.
Additionally, it was found that the respondent did not fulfill its obligations under the Act as a data controller and data processor. As a result, the Complainant was found entitled to compensation under the Act for the damage suffered.
The ODPC held that:
The full text of the ruling is available below.