Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

The ODPC reviewed this case as ordered by Justice Chigiti sitting in appellate court on 12 July 2023 in Judicial Review No. E028 of 2023. The ODPC dismissed the Complainants case, again.

Facts

The Complainant, a law firm resubmitted the claim for review as ordered by the High Court Judicial Review Application No. E028 of 2023 Allen Waiyaki Gichuki & 2 Anor vs. ODPC sitting in review of its earlier decision by a similar name.

The 2nd Respondent opted not to participate in these proceedings accusing the Complainant of forum shopping. The 1st Respondent disputed the jurisdiction of the ODPC on IP matters and averred that most of the documents submitted in evidence were already in the public domain.

Holding

The DPA held that:

• The Complainant did not demonstrate that their personal data was processed. The ones whose information was reviewed were legal as opposed to natural persons who are beyond the scope of the DPA,19.
• The firm did not report a data breach to ODPC or the data subjects as required by the DPA,19.
• The Complainants did not provide authority to act on behalf of their impacted clients in the matter.
• Majority of the document impacted by the alleged breach were already in the public domain.

The claim was dismissed.

Comment

A full text of the ruling is provided below. This is the final ruling in a 3 part series.