ODPC COMPLAINT NO. 1951 OF 2024
1. Introduction
This case involves a complaint against Platinum Credit Limited regarding unauthorized use of personal data for unsolicited loan marketing communications.
Table of Contents
2. Nature of Complaint
The Complainant alleged receiving unsolicited marketing calls from the Respondent’s agent who had access to his personal information including vehicle details, without his consent.
3. Analysis of Evidence
Complainant’s Position
- Received unsolicited call from Respondent’s agent on November 15, 2024
- Agent had access to personal vehicle details without authorization
- Never consented to data collection or marketing communications
- Agent admitted data was shared by Respondent’s management
Respondent’s Defense
- Initially denied any association with the agent or knowledge of the Complainant
- Claimed the phone number wasn’t registered to their employees
- Provided false information to investigators
4. Issues for Determination
- Whether the Respondent fulfilled its obligations under the Data Protection Act
- Whether the Complainant is entitled to any remedies under the Act
5. Final Determination
- The Respondent was found liable for unlawful processing of personal data
- The Respondent was ordered to:
- Pay compensation of KES 400,000 to the Complainant
- An Enforcement Notice was issued against the Respondent
- Recommended prosecution for providing false information to the Data Commissioner
- Parties retain right to appeal within 30 days
6. Significance and Impact
Financial Sector Compliance
- Reinforces strict consent requirements for marketing financial products
- Prohibits sharing of customer data with sales teams without authorization
Agent Accountability
- Establishes that companies are responsible for actions of their agents
- Prohibits attempts to disguise agent relationships during investigations
Investigative Process
- Demonstrates ODPC’s authority to conduct thorough investigations
- Shows consequences for providing false information during investigations
Broader Impact: This ruling strengthens protections against unauthorized financial marketing and establishes serious consequences for obstructing data protection investigations.
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