Dr. Bernard Shiaunda Aete v Ncba Bank Kenya Plc

Complaint upheld; compensation ordered. ODPC, 24 April 2024.

Record ID

ke-odpc-2024-0042

Case reference

ODPC Complaint No. 169 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Dr. Bernard Shiaunda Aete

Date decided

24 April 2024

Respondent type

private

Sector

banking

Violations

unauthorised image/photo use, failure to respond to erasure request, unlawful processing

Provisions cited

s.25(F) DPA 2019, s.25 DPA 2019, s.26(c) DPA 2019, s.30 DPA 2019, s.30(1)(b) DPA 2019, s.40(1)(b) DPA 2019, s.40 DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 700,000 (≈ USD 5,300 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 5ca0913c000ff30e…

Record verified

30 July 2026

The facts

The complainant alleged NCBA Bank Kenya PLC sent him false and misleading information about his loan statements and simultaneously sent it to a third party, despite his numerous requests to remove the third party's contact as an alternate contact on his account. The Office found the bank liable for violating his right to object and his right of erasure.

Orders and outcome

The Office declined the Kenya Shillings fifty million the complainant prayed for as inordinately high, and ordered the bank to pay Kenya Shillings Seven Hundred Thousand (KES 700,000), itemised as KES 200,000 for unlawful processing, KES 250,000 for infringing the right to object and KES 250,000 for infringing the right to erasure. The bank was also ordered to ensure the information it sends the complainant about his bank balances is accurate and kept up to date. No order as to costs. Dated 24 April 2024.

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

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