Margaret Nzula v United Winners DT Sacco and Shirika D Sacco
Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, March 2025.
The facts
The complainant alleged that her former employer, United Winners DT Sacco, unlawfully disclosed adverse information about her to Shirika DT Sacco without her consent while she was on probation, costing her a job opportunity, and then denied her access to that information. The ODPC found the disclosure itself served a legitimate purpose, but the denial of access to her personal data infringed her right of access.
Orders and outcome
The first respondent was found liable for infringing the complainant's right of access, directed to send her the two requested letters within fourteen days and notify the Office, failing which an enforcement notice would issue, and ordered to pay her Kenya Shillings Two Hundred and Fifty Thousand (Kshs. 250,000) as compensation. The complaint against the second respondent was dismissed. Dated March 2025.
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