The Office of the Data Protection Commissioner (ODPC) has ordered Platinum Credit Limited to pay Ksh. 400,000 in compensation to a Kenyan citizen, Samuel Kamau Waweru, for invading his privacy through unsolicited marketing calls and text messages.
In a ruling that underscores the growing intolerance for data misuse in Kenya’s digital lending sector, the Data Commissioner also recommended the prosecution of Platinum Credit’s directors. The recommendation follows findings that the company provided false information to investigators during the probe.
The case, filed as ODPC Complaint No. 1951 of 2024, arose after Mr. Kamau complained that he was being bombarded with marketing calls and messages promoting loan products. He stated that he had never shared his personal contact details with the lender, nor had he consented to receive such communications.
Despite his lack of consent, the marketing attempts persisted, prompting him to seek redress from the data regulator.
During the investigation, Platinum Credit denied liability, claiming that the caller in question was not their agent or employee. However, the ODPC’s technical team established a direct link between the lender and the caller.
The investigation revealed that the caller was indeed an agent of Platinum Credit. Evidence showed that the company’s team leaders routinely shared Excel spreadsheets containing personal data, including names, ID numbers, and phone numbers, with sales agents to facilitate cold calling.
In her determination, Data Commissioner Immaculate Kassait noted that Platinum Credit’s attempt to disown the agent constituted providing false information to the regulator, an offense under the Data Protection Act.
The Commissioner found Platinum Credit liable for unlawful processing of personal data. Consequently, the regulator ordered the company to pay Samuel Kamau Ksh. 400,000 for the infringement of his right to privacy and the distress caused by the unsolicited nuisance. The lender was also issued a formal enforcement notice to cease such practices immediately. ODPC went further and recommended the prosecution of Platinum Credit’s directors for obstructing the investigation by providing false testimony regarding their relationship with the sales agent.
This ruling is part of a broader crackdown by the ODPC on digital lenders and financial institutions that misuse personal data. Under the Data Protection Act of 2019, entities are prohibited from using personal data for commercial purposes, such as direct marketing, without the express consent of the data subject.
“The protection of personal data is not a suggestion; it is a constitutional right,” the ODPC has stated in previous enforcement actions. “Companies that profit from the illegal sharing or use of citizens’ data will face the full force of the law.”
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