John Onkangi v National Bank Of Kenya Limited Keysian Auctioneers

Complaint upheld; enforcement notice issued. ODPC, 15 December 2023.

Record ID

ke-odpc-2023-0041

Case reference

ODPC Complaint No. 1766 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

John Onkangi

Date decided

15 December 2023

Respondent type

private

Sector

banking

Violations

failure to prevent data breach, unlawful debt collection, unlawful processing

Provisions cited

s.25 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.56 DPA 2019, s.58 DPA 2019

Outcome

complaint upheld; enforcement notice issued

Status

final

Source

Official document ↗

Source integrity

SHA-256 7d004483dc21f321…

Record verified

30 July 2026

The facts

The complainant alleged his loan statement, and consequently his bank account details, were disclosed to a third party without his consent. The ODPC found the first respondent bank vicariously liable for the actions of its employee, while the complainant failed to discharge the burden of proving a legitimate claim against the second respondent, an auctioneers firm.

Orders and outcome

The first respondent was found vicariously liable and an enforcement notice was issued against it; the complaint against the second respondent was dismissed. Dated December 2023.

BANKING · DATA-BREACH · DEBT-COLLECTION · DISMISSED · UNLAWFUL-PROCESSING

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