Maina Jackson Irungu v Family Bank Limited

Complaint upheld; compensation ordered. ODPC, 23 July 2024.

Record ID

ke-odpc-2024-0075

Case reference

ODPC Complaint No. 616 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Maina Jackson Irungu

Date decided

23 July 2024

Respondent type

private

Sector

banking

Violations

failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

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

Status

final

Source

Official document ↗

Source integrity

SHA-256 4edabce4280949a7…

Record verified

30 July 2026

The facts

The complainant kept receiving email statements from Family Bank purporting to relate to his bank account although he holds no account with the bank; his email address had been erroneously captured in the bank's database against another customer. The ODPC found the bank violated his right of erasure by failing to correct the error and stop the emails, noting it took the Office's intervention for the issue to be addressed.

Orders and outcome

The respondent was found liable and ordered to compensate the complainant Kenya Shillings Two Hundred and Fifty Thousand (KES 250,000), and was directed to keep customer data accurate and up to date and to erase or rectify inaccurate personal data without delay. Dated 23 July 2024.

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

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