Brandon Omondi t/a Brandon & Associates Advocates v Truehost Cloud
Complaint upheld; compensation ordered. ODPC, 3 January 2024.
The facts
The complainant, an advocate, bought a year of email hosting services from the respondent in January 2023 for his firm's domain, created email accounts on it, and used them until September 2023, when he abruptly lost access to all of them. The respondent's system had terminated the service at expiry just before he renewed; on renewal the service was recreated as new, and the respondent told him terminated services are completely removed from the system including backups, so his old email data was gone. The ODPC found the respondent liable for violating his right to access his personal data.
Orders and outcome
The respondent was found liable and ordered to compensate the complainant KES 250,000 for the unlawful processing of his personal data, and directed to delete the complainant's personal data from its systems and records within seven days, giving effect to the erasure he had sought. The determination date is illegible in the scan.
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