ICJ Kenya welcomes ruling declaring Worldcoin’s biometric data collection illegal
ICJ Kenya said the court confirmed WorldCoin began collecting data without obtaining valid consent from the ODPC and failed to carry out the mandatory data protection impact assessment.
The International Commission of Jurists (ICJ Kenya) has welcomed a landmark High Court ruling that declared Worldcoin’s collection and processing of biometric data from Kenyans unlawful.
Delivered on Monday by Justice Roselyne Aburili, the judgment found that the company, through its parent firm Tools for Humanity, violated Kenya’s Data Protection Act by failing to conduct a mandatory data protection impact assessment and by obtaining consent through inducement.
Tools for Humanity, founded in 2019 by Alex Blania (CEO) and Sam Altman (Chairman), is a technology company focused on creating solutions for humans in the age of AI.
The firm collects biometric data, including iris scans, to build a global digital identity and cryptocurrency system.
In its ruling, the court issued several key orders, including a prohibition on the collection of personal data from Kenyans, the quashing of WorldCoin’s decision to collect data without a data protection impact assessment, and the mandatory permanent deletion of unlawfully collected data within seven days under the supervision of the Office of the Data Protection Commissioner (ODPC).
The court also acknowledged the revocation of WorldCoin’s data processing certificate and recognised the legislative reform efforts of the ODPC.
In a statement following the court’s decision, the ICJ Kenya welcomed the judgment, emphasising the critical importance of protecting individual privacy in the digital age.
The case, which was filed in the public interest by Katiba Institute as the lead petitioner, with ICJ Kenya as an interested party, challenged the legality of WorldCoin’s operations in Kenya.
“We argued that the Tools for Humanity and its affiliates failed to conduct a mandatory data protection impact assessment and obtained consent through inducement by offering cryptocurrency worth USD55 in exchange for iris scans, thereby violating the principle of informed consent,” said ICJ in a statement.
ICJ Kenya said the court confirmed WorldCoin began collecting data without obtaining valid consent from the ODPC and failed to carry out the mandatory data protection impact assessment.
This action was deemed a violation of Sections 25, 26, 29, 30, and 31 of the Data Protection Act, 2019.
“The judgment rightly underscores that even in the digital age, constitutional rights, especially the right to privacy under Article 31 of the Constitution, must be upheld,” stated the ICJ.
“We commend the ODPC for its strong, persuasive submissions, which greatly informed the court’s deliberations. This ruling is a powerful precedent not just for Kenya, but globally, affirming that rights must remain paramount in technological innovation.”
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