NAIROBI, Kenya – The International Commission of Jurists – Kenya Section (ICJ Kenya) has hailed the landmark judgment by Lady Justice R.E. Aburili, declaring the collection, processing, and transfer of biometric data (iris scans) by Tools for Humanity, the parent company of WorldCoin, as unlawful and unconstitutional.
The case, filed by Katiba Institute as the lead petitioner, with ICJ Kenya as an interested party, challenged WorldCoin’s operations in Kenya, particularly regarding its collection of biometric data without proper consent and a Data Protection Impact Assessment (DPIA).
ICJ Kenya argued that the company induced Kenyan citizens to provide iris scans in exchange for cryptocurrency worth USD 55, thus violating the principle of informed consent and the right to privacy.
WorldCoin Case Judgment: The Court affirmed that WorldCoin commenced data collection without valid consent from the Office of the Data Protection Commissioner (ODPC) and without conducting the required DPIA, in breach of Sections 25, 26, 29, 30, and 31 of the Data Protection Act,
In a ruling that underscores the importance of protecting individual rights in the digital age, the court affirmed that WorldCoin had commenced data collection without valid consent from the Office of the Data Protection Commissioner (ODPC) and failed to carry out the required DPIA.
This, the court concluded, violated several provisions of the Data Protection Act, 2019.
The judgment included several key orders:
- Prohibiting the respondents from collecting personal data from Kenyans.
- Quashing WorldCoin’s decision to collect such data without conducting a DPIA.
- Mandating the permanent deletion of unlawfully collected data under the supervision of the ODPC within seven days.
- Noting the revocation of the respondents’ data processing certificate.
- Acknowledging the ODPC’s ongoing legislative reform efforts.
ICJ Kenya applauded the ODPC for its significant role in the case, noting that its persuasive submissions were instrumental in shaping the court’s decision.
The ruling serves as an important precedent for the protection of privacy rights in Kenya and globally, reaffirming that rights must take precedence over technological advancements.
Chairperson of ICJ Kenya, Protas Saende, expressed the organization’s continued commitment to safeguarding human rights in the digital space, ensuring that policies and regulations are in place to protect individual dignity and privacy in an increasingly digital world.
ICJ Kenya will continue to advocate for robust protections that ensure the ethical use of technology in respect of fundamental human rights.
