Mobile phone user awarded Sh400,000 after repeated unauthorised spam messages
The Data Protection Commissioner has ordered Platinum Credit to pay a mobile subscriber Sh400,000 for repeated unsolicited loan messages, underscoring stricter enforcement of Kenya’s data privacy and marketing rules.
A mobile subscriber has been awarded Sh400,000 after the Office of the Data Protection Commissioner (ODPC) ruled that money lender, Platinum Credit, repeatedly sent him unwanted promotional messages and phone alerts.
Samuel Waweru filed the complaint on November 27, 2024, alleging that the digital lender continuously contacted him with loan offers despite his lack of authorisation.
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The ODPC found that the company had violated the subscriber's constitutional right to privacy, as well as key provisions of the Data Protection Act governing the proper handling of personal data.
"The Respondent is hereby ordered to pay the Complainant Sh400,000 as compensation; an enforcement notice is hereby issued to the Respondent," said Data Commissioner Immaculate Kassait.
Inaccurate information
The ODPC also recommended prosecuting Platinum Credit’s directors for providing inaccurate information during the investigation, warning that they could face fines of up to Sh3 million, up to 10 years in prison, or both.
"A recommendation for prosecution is hereby made against the Respondent's directors for furnishing to the Data Commissioner information which they knew to be false or misleading, an offence under Section 57(3) as read with Section 73 of the Act," she added.
The ruling comes amid a surge in complaints from Kenyan mobile users about spam, including betting notifications and digital loan offers.
In November, the Communications Authority of Kenya (CA) pledged to tackle the growing problem of spam and unauthorised phone services across the country.
"We have also noted consumer frustration over spam messages, unsolicited subscriptions, unauthorised use of phone numbers and unauthorised premium services," the regulator said in a statement.
"These concerns are a priority for the Authority, and the improved SIM card registration processes are part of the larger strategy to safeguard consumer interests."
Under Kenyan law, marketers may only send direct promotions if customer data is collected legally, consent for marketing is obtained, and an opt-out mechanism is provided. Communications must also include clear contact information allowing consumers to stop receiving messages at no cost.
The law also allows individuals to request that a data controller or processor stop using their personal information for specific purposes, including direct marketing.
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