| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25, 26, 40 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 7 September 2023 |
| Decided: | 1 December 2023 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Sammy Muchane vs. Airtel Networks K Ltd |
| Case No.: | 1632 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Airtel Networks Kenya Limited (the “Respondent”) failed to update a customer's record due to an error, violating the customer's privacy and data protection principles. The suit was dismissed after the dispute was resolved.
Sammy Muchane (the “Complainant”) was a customer of Airtel Networks Kenya Ltd (the “Respondent”) in respect of fixed data services. He discontinued the service after issuing a notice of termination and settling the final month's outstanding fees. The Respondent nonetheless continued to send him notices to settle amounts which formed part of the already settled invoices and others raised post termination, and which requests continued even after he reached out formally asking them to stop and providing proof of payment.
The issue later escalated when his details were forwarded to a third party debt collector who asked him to regularise the same alleged outstanding debt.
The messages continued to be sent to him notwithstanding him providing the Respondent with evidence of the repayment of the facilities and asking them to confirm.and therefore resolve the issue fully.
The Respondent attributed the series of events to an unfortunate error on its part which it corrected once the Complaint to the ODPC was served on them. The instructions to the debt collector was also withdrawn.
The Office of the Data Protection Commissioner noted that the Respondent had violated the Complainant's rights and data protection principles of the DPA. The ODPC also noted that the Respondent has fully resolved the complaint as required.
The ODPC held that:
The full text of the ruling is available below.