Phyllis Osoro Kemunto v Absa Bank Kenya Plc

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 19 December 2024.

Record ID

ke-odpc-2024-0114

Case reference

ODPC Complaint No. 1539 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Phyllis Osoro Kemunto

Date decided

19 December 2024

Respondent type

private

Sector

banking

Violations

failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26(c) DPA 2019, s.36 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 250,000 (≈ USD 1,890 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 e806fd220348c32d…

Record verified

30 July 2026

The facts

The complainant alleged that Absa Bank Kenya unlawfully and negatively listed her with the Credit Reference Bureau over an alleged default on credit cards obtained by the Kenya Association of Manufacturers, where she was the Chief Executive Officer. The ODPC found the bank liable for violating her right to object to the processing of her personal data.

Orders and outcome

The respondent was ordered to erase the complainant's personal data as the association's authorised card user in respect of the subject credit card within fourteen days, an enforcement notice was issued against it, and it was ordered to compensate her Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000). Dated December 2024.

BANKING · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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