| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 2, 5(4), 26, 41(1) of the Data Protection Act, 2019; Regulation 9 (1), 9(1)(a) of the Data Protection (General) Regulations, 2021, Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 10 June 2023 |
| Decided: | 15 December 2023 |
| Published: | Yes |
| Fine: | KES.250,000 |
| Parties: | Jeremy Obano vs. Kenya Airways Ltd |
| Case No.: | 1775 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
The Data Protection Commissioner found that Kenya Airways Ltd infringed upon the complainant's right to access his personal data by refusing to provide access to a voice recording of a call he made to them. As a result, the airline was ordered to compensate the complainant with Kes.250,000/-.
The case involves a complaint against an airline carrier, Kenya Airways (KQ), regarding the recording of a telephone call made by the complainant to the airline.
The complainant alleged that despite requesting access to the telephone voice recording of the call, the airline refused to provide it. The complainant claimed that the refusal caused harm and distress to his mother in a busy and taxing environment.
The airline's response included the assertion that the complaint did not fall within the scope of the Data Protection Act and that internal resolution mechanisms were ongoing.
The ODPC determined that the complainant's right to access his personal data was indeed infringed upon.
It was established that the voice recording of the call constituted the complainant's personal data, and therefore, his right to access it was violated.
As a remedy, the airline was directed to compensate the complainant and facilitate his data access request within a specified timeframe.
The ODPC also outlined the complainant's right to appeal the determination to the High Court of Kenya within a specified period.
The final determination by the Office of the Data Protection Commissioner (ODPC) is as follows: