Tiktalker Roseline Otieno alias “Nyako” has issued a demand to Safaricom Company for allegedly exposing her information.
Through City Lawyer Danstan Omari, Nyako says that the Company on or about the 13th of February 2024, disseminated her confidential information to unauthorized individuals without consent.
‘’Our client’s M-Pesa statements, containing her personal details and financial transaction history, a dataset exclusively maintained by your organization, were released to unauthorized persons and have been circulating on various social media platforms,” says Omari in a letter dated April 15/2024.
Omari says his client, who is a renowned content creator of international acclaim, commands a significant recognition and embodies a global brand.
According to him, her standing in the industry places her in direct competition with entities of considerable stature.
He says that the unauthorized disclosure of her personal and financial information to the public, particularly to unauthorized individuals, not only compromises her privacy rights but also undermines her standing as a reputable brand and exposes her to financial risks. This has also inflicted emotional distress and anxiety upon her.
“As custodian of this sensitive data, your organization has the responsibility to safeguard it against unauthorized disclosure and misuse” reads the letter in parts.
‘’ This is therefore a flagrant violation of our client’s right to privacy and constitutes a significant breach of data protection laws in Kenya as follows: i. Unnecessary reveal of information relating to our client’s private affairs contravening Article 31 of the Constitution of Kenya. ii. Unauthorized disclosure of personal data and granting access to unauthorized persons constitutes a clear personal data breach as defined in Section 2 of the Data Protection Act, “adds Omari.
Nyako wants Safaricom to admit liability within 7 days of which she shall quantify damages.
She accuses Safaricom of failing to take measures to ensure that her personal data is and/or was processed in accordance with the Principles’ of data protection in Section 25 of the Data Protection Act.
The content creator also accuses Safaricom of Unlawful processing of personal data infringing Section 30 of the Data Protection Act.
She demands an immediate explanation for the unauthorized dissemination of her confidential information.
Omari says if no action is taken, he is under instruction to institute legal actions against the giant company.
