Katiba Institute & 4 others v Tools for Humanity Corporation (Worldcoin) and 8 others
Judicial review orders granted; odpc enforcement upheld. High Court, 5 May 2025.
The facts
Katiba Institute and four others brought judicial review against Tools for Humanity Corporation and related entities over Worldcoin's collection of Kenyans' biometric data using the Orb device in exchange for cryptocurrency. The High Court found the collection proceeded without an adequate data protection impact assessment and on consent obtained through inducement, and, for three of the respondents, without registration as data controllers or processors in Kenya.
Orders and outcome
The court issued prohibition against further collecting, processing or transferring the biometric data on those terms; certiorari quashing Worldcoin's decision to collect, process or transfer biometric data collected in Kenya using the Orb; and mandamus compelling the respondents to permanently erase and destroy, within 7 days and under the Data Protection Commissioner's supervision, the biometric data collected from Kenyan data subjects. The prayer to cancel the registration certificates was declined as overtaken by events, the ODPC having cancelled them on 5 September 2023, and a further structural prayer was declined. Judgment of 5 May 2025.
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