Rose Emma Muthoni v Samasource Kenya Epz Limited

Complaint dismissed. ODPC, 27 April 2024.

Record ID

ke-odpc-2024-0044

Case reference

ODPC Complaint No. 00187 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Rose Emma Muthoni

Date decided

27 April 2024

Respondent type

private

Sector

general

Alleged violations

lack of consent, unlawful data disclosure, failure to respond to erasure request, unlawful processing

Provisions cited

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

Outcome

complaint dismissed

Status

final

Source

Official document ↗

Source integrity

SHA-256 6b0ebe677dcacc72…

Record verified

30 July 2026

The facts

The complainant alleged that while investigating her, Samasource Kenya EPZ Ltd processed her personal data without consent, producing an adverse investigation report that led to her termination. The Office established there was a duly executed consent form, that the laptop was company property subject to the respondent's Corporate Information Security Policy under which information on company property is deemed the company's, and that the forensic audit firm acted on the respondent's instructions as data controller. It found the respondent had a lawful basis for the processing.

Orders and outcome

The complaint was found to lack merit and was dismissed. Dated April 2024 with the day illegible in the scan.

CONSENT · DISCLOSURE · DISMISSED · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

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