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Office Of The Data Protection Commission To Go After Lenders Calling Relatives and Friends To Recover Loans

Data Commisioner Immaculate Kassait
Data Commisioner Immaculate Kassait

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. 

Kassait urges data controllers to embrace user privacy » Capital News

Immaculate Kassait

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. 

Immaculate Kassait

Immaculate Kassait

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.

Also read  Only Ksh 320 Million In Debt- Jimal Fires Back After Wife Exposed Him Of Living Flamboyant On Loans

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.

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