3 data controllers fined for non-compliance with Data Protection Act

The Office of the Data Protection Commissioner has issued three penalty notices to three data controllers for failing to observe data privacy rights to data subjects and , not complying with the Data Protection Act.

This has been revealed through a press released today, September 26, 2023, by the office of the data protection commissioner.

Mulia Pride Ltd, a digital credit provider which operates KeCredit and Faircash mobile lending  Apps received a Ksh2,975,000 penalty for using names and contact information of the complainants obtained from third parties, and subsequently sending threatening messages and phone calls.

The penalty aims to ensure digital lenders notify data subjects when collecting and processing their data and the purpose of doing so.

Casa Vera Lounge, located along Ngong Road, was fined Ksh1,850,000 for posting a reveler’s image on their social media platform without the reveler’s consent.

The penalty aims to ensure other lounges seek consent from their customers before posting their images online.

Roma School, based in Uthiri, has been fined Ksh4, 550,000 for posting minors’ pictures without parental consent.  The penalty serves as a warning to schools and facilities handling minors’ personal data to obtain consent from parents/ guardians before processing minors’ data.

The penalties have been issued pursuant to section 62 and 63 of the Data Protection Act, 2019 and Regulation 20 and 21 of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021.

Data Commissioner Immaculate Kassait urged entities to comply with the Data Protection Act, by implementing data protection principles and safeguards.

By Rosemil Oduor

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