Hi, The ODPC I think is still navigating these waters to chart course. In the Katiba Institute Huduma Number case against Ministry ICT, Interior and AG, they appeared as an interested party and filed a preliminary objection saying they had first jurisdiction and the petitioners should have gone through them first under the Doctrine of exhaustion of administrative remedies. Justice Ngaah, concurred with them as to the 2nd petitioner, one Yash Pal Ghai, finding that ge ought to have sought redress through the Commissioner. But as to 1st petitioner, Katiba Institute, being a non- natural person, the Court found that the Act did not grant them standing before ODPC as it only protected natural persons. In the recent Wamae and Allen case, ODPC ruled that the complainants were nit natural persons as per the Act, and dismissed the.. Lastly, I think Kanjama and Nderitu were first seeking leave of court to Institute a class action suit, which request I believe, falls within the High Court's competence... Regards, JG On Thu, 2 Feb 2023, 14:45 Kukubo Masibo, <kukubomasibo@gmail.com> wrote:
Doesn't the Data Protection Act envision "class" privacy breaches?
What happens when the rights of numerous data subjects are affected at the same time? Which body is more specialized to handle such kinds of disputes?
Is the High Court better suited as an appellate forum or an original forum?
On Thu, Feb 2, 2023 at 1:47 PM James Mbugua <jgmbugua@gmail.com> wrote:
Kukubo,
It's a class action suit. HC has original jurisdiction there.
Regards
JG
On Thu, 2 Feb 2023, 12:36 Kukubo Masibo via KICTANet, < kictanet@lists.kictanet.or.ke> wrote:
Curious about the choice of forum, why the High Court instead of the Office of the Data Protection Commissioner?
Will there be a jurisdiction question?
Best regards,
On Fri, Jan 20, 2023 at 8:45 AM Victor Kapiyo via KICTANet < kictanet@lists.kictanet.or.ke> wrote:
The High Court has allowed millions of Safaricom subscribers to join a class action suit against the telecoms operator over a clause in the SIM card registration rules that allows the firm to collect bank details of mobile phone users. Clause 3.2.1 in the data privacy statement, which subscribers filled as part of the re-registration process, states that the telecoms operator can “collect and store information including credit or debit card information, information on bank account numbers, Swift codes or other banking information”.
Read more: https://www.businessdailyafrica.com/bd/economy/users-allowed-to-sue-safarico...
Looks like we are going to see a lot of privacy related litigation in the coming years.
*Victor Kapiyo* Partner | *Lawmark Partners LLP* *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke <http://www.lawmark.co.ke/> * ====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar* _______________________________________________ KICTANet mailing list -- kictanet@lists.kictanet.or.ke To unsubscribe send an email to kictanet-leave@lists.kictanet.or.ke
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-- Meshack K Masibo, Writer|Noisemaker|Lawyer Affiliated with KICTANet