On October 5 2022, the Office of the Data Protection Commission (ODPC) announced that it is assessing 40 Digital Credit Providers (DCPs) whose practices regarding the processing of personal data have been filed.
A number of Kenyans have been complaining that their personal data were violated . Some of the popular lenders include Branch, Tala, Senka Digital and Sky Pesa.
Additionally, Data commissioner Immaculate Kassait’s office is also going after Apesa Zerox Technology Company Ltd, Cash, Cash sea, Collect Plus, Coopesa, Credit Kes, Credit Moja, Deltech Capital Limited/Mykes loan, Direct Kash, Fair Kash, Flash Pesa and Flexi Cash.
Documents to be provided by lenders
Consequently, the ODPP stated that during the assessment process, lenders will be required to provide the Office with requisite documents by October 18, 2022.
According to Section 58(3) of the Data Protection Act, 2019, any person who, without reasonable excuse, fails to comply with an enforcement notice commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both.
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However, Kassait also recapitulated ODPC’s commitment to protect personal data and enforce compliance in the event of a breach of the laws.
“This is just one among many other complaints being investigated by the office. We want to assure the public that the complaints received will be investigated and concluded accordingly,” she stated.
Regarding this, millions of Kenyans are currently listed by CRBs after defaulting on their loans. This hands them a low credit score that will later deny them a much needed credit facility. However, Kenyans can now breathe a sigh of relief as the government goes after 40 mobile lenders who have been accused of accessing contacts of borrowers and harassing them.