The Office of the Data Protection Commissioner (ODPC) has ordered Liquid Telecommunications Kenya Ltd to compensate a complainant Sh700,000 for unlawfully processing personal data without consent, marking one of the latest enforcement actions under Kenya’s Data Protection Act, 2019.

According to the ODPC determination, Liquid Telecom was found to have recorded and processed the personal data of complainant Andrew Alston without his consent and failed to honour his right to erasure as required by law.

In the ruling, Data Commissioner Immaculate Kassait said, “The Respondent violated the complainant’s right to be informed of the use to which his personal data is to be put under Section 26(a) of the Act and his right to erasure under Section 40(1)(b).”

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The ODPC further noted that despite being notified of the data subject’s request for deletion, the company continued to process the complainant’s data “one year later,” a delay deemed unreasonable and contrary to the data protection principles of lawful and fair processing.

As a result, the regulator directed the telecom operator to pay Sh700,000 in compensation and issued an Enforcement Notice compelling compliance with Kenya’s data protection framework.

“Having found that the Respondent processed the Complainant’s personal data without a lawful basis, the Office hereby orders compensation and issues an Enforcement Notice to ensure compliance.”