Data Protection Commissioner Fines Firms For Contravening Data Privacy Rights

The Office of the Data Protection Commissioner has cracked the whip by issuing penalty notices to three data controllers for failing to observe data privacy rights and failing to comply with data protection rights.

Mula Pride Ltd which operates KeCredit and Faircashmobile money lending Apps has received a penalty of Shs. 2,975,000. They were found guilty of using the names and contact information of the complainants obtained from third parties, and subsequently using the same to send threatening messages and phone calls.

The fine will go a long way toward ensuring that digital lenders and financial institutions notify data subjects when collecting and processing their personal information. Also fined is Casa Vera Lounge, which is a restaurant based along Ngong Road in Nairobi. The restaurant was fined Shs.1,850,000 for posting a client’s image on their social media platform without consent. This will ensure that restaurants and clubs seek the consent of their clients before posting their images on their social media platforms.

The Roma School, an education institution based in Uthiru was also fined Shs.4,550,000 for posting minors’ pictures without parental consent. This should serve as a warning to learning institutions and other facilities handling minors’ personal data to obtain consent from parents or guardians prior to processing minors’ data.

The Office of the Data Protection Commissioner is undertaking a compliance audit on WhitePath (a digital credit provider) and on Naivas Supermarkets on a suspected data breach.