Arthur V.O Opinya & 2 others v Brainstorm Insurance Brokers Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, January 2026.

Record ID

ke-odpc-2026-0003

Case reference

ODPC Complaint No. 1500 of 2025

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Arthur V.O Opinya, John Mark Wandolo and Maurice Bukelembe Misiko

Date decided

January 2026

Respondent type

private

Sector

technology

Violations

unlawful data disclosure, unlawful processing, failure to implement security measures

Provisions cited

s.25(a) DPA 2019, s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.28(2) DPA 2019, s.28(3) DPA 2019, s.28 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.41 DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 1,012,500 (≈ USD 7,850 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 cb38e0539a99b34f…

Record verified

30 July 2026

The facts

The three complainants, insurance professionals working with a different brokerage, alleged that Brainstorm Insurance Brokers Limited unlawfully processed their personal data by presenting itself as them, using their names, professional titles and accolades on its website and in a licence application without authorisation. The ODPC found violations of their right to be informed and unlawful processing, while noting the respondent's remedial measures.

Orders and outcome

The respondent was found liable and ordered to pay the complainants KES 1,012,500 in total, being 337,500 to each of the three complainants, and an enforcement notice was ordered against it. Dated 2 January 2026.

DATA-SECURITY · DISCLOSURE · TECHNOLOGY · UNLAWFUL-PROCESSING · UPHELD

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