The Office of the Data Protection Commissioner (ODPC) warns that Kenyan personal data mined during the Worldcoin data collection exercise faces the risk of being erased and modified unless the High Court intervenes to preserve it. Additionally, the office cites that the processing of this data does not adhere to the data protection principles as set out in section 25 of the Data Protection Act, 2019.
The ODPC is now asking the court to intervene to prevent this erasure and modification of data mined from Kenyans.
The data was collected between April 19 and August 8, 2023.
Also Read: Kenyan Members of Parliament Blame State Agencies of Laxity in Worldcoin Data Mining Saga
A Project Not Safe for Kenyans
In an affidavit submitted by the Deputy Data Commissioner, Oscar Otieno, Worldcoin project seems unsafe for Kenyans after a comprehensive review of the operations in the country.
However, Mr. Otieno cites that the requisite investigations are ongoing.
“The Applicant is undertaking investigations in relation to Worldcoin operations in Kenya by the Respondents,” reads the court papers.
According to the project’s website, the project aims to establish universal access to the global economy regardless of country or background. Additionally, Worldcoin aims to become the world’s largest human identity and financial network, granting ownership to everyone through a World ID that one gets after scanning their irises with the Orb.
Through its court documents filed before the Milimani Law Courts, the ODPC says that it had suspended the project through a directive to cease processing of personal data. However, Tools for Humanity (Worldcoin), Tools for Humanity GmbH (Worldcoin), and Sense Marketing Limited continued to operate.
In the affidavit, Otieno further reiterates that the ODPC started assessing Worldcoin in May 2022, after which they suspended their operations for 60 days to ascertain the lawful basis of the process and safeguards taken by the respondents.
The commission is now seeing preservation orders from the court, citing that it will assist in the investigations being carried out. In this case, it will enable them to preserve the personal data collected from Kenyans.
“In order to conduct proper and comprehensive investigations of the Worldcoin project, the agency seeks to ascertain the availability, status, and security of the Kenyan data subjects’ personal data and sensitive personal data that forms the substratum of the investigations,” the commissioner asserted.
The commission wants the court to issue orders stopping further data collection from Kenyans.
