Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: Section 26, 25, 30(1)(b), 65 of the Data Protection Act, 2019.
Type: Complaint
Outcome: Violation
Started: 29 November 2022
Decided: 1 December 2023
Published: Yes
Fine: N/A
Parties: Shakunt R. Shah vs. Prime Bank Ltd
Case No.: 1615 of 2023
Appeal: N/A
Original Source: ODPC
Original contributor: MZIZI Africa

Contents

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

Summary

Prime Bank Limited was held not to have infringed on the Complainant's privacy rights when it released information on various bank accounts held with it to the executors of a deceased person's estate.

Facts

Shakunt R. Shah (the “Complainant”) filed a complaint against Prime Bank Ltd (the “Respondent”) alleging the infringement of his right to privacy.

According to the complaint, the Complainant’s mother operated various fixed deposits accounts with the Respondent. The Complainant and the mother were joint holders of some the accounts. Before her demise, she instrusted the Respondent to renew the holdings under the Complainant's name only when the investment roll-over period occurred.

Executors of the estate were subsequently appointed as regards the mother's estate after she passed who sought details of the deceased estate including all bank accounts held in her name. The Respondent bank provided these details after verifying their status. The Complainant subsequently alleged that by so doing, the Respondent facilitated a data breach and that there was invasion of privacy.

The Respondent averred that the release of the information to the executors was done as processors acting in furtherance of a court order.

The ODPC confirmed that the Respondent had a lawful basis for releasing the information to the executors and did not therefore infringe on the rights of the Complainant under the DPA,19. The ODPC also found that there was no data breach with the release of the information as aforesaid which also precludes the Complainant from compensation.

Holding

The ODPC held that:

Comment

The full text of the ruling is available below.

Further resources