The departmental Committee on Communication, Information, and Innovation today Tuesday, 15th, August, 2023 held a meeting with the Data Protection Commissioner regarding the Security of the data of Kenyans who participated in the recent iris scanning by the World ID(World Coin).
Data Commissioner, Immaculate Kassait, MBS faced hard times before the committee to explain and defend herself on how the issuance of clearance certificates took part for the World ID.
The uproar came from the public raising concerns about the high lines experienced at KICC raising eyebrows amongst the members of the public.
The chair for the Committee Hon. John Kiarie, raised concerns about the nature of information the world coin was gathering and for what purpose.
“Is the office of the Data Protection Commissioner aware of when World Coin started collecting data from the citizens and the purpose of the information so gathered? On what legal framework is the company operating under, and who authorized the collection of data from Kenyans? How many Kenyans have so far been signed up by World Coin?” Asked the chairperson.
According to the Data Commissioner, her office became aware in April 2022 of the Company’s activities of collecting sensitive personal data from residents of Kenya and transferring the same out of Kenya. Due to this, the office wrote to the CEO of World Coin seeking answers on the legal basis of collection and transfer of personal data, as well as proof of consent for the same.
“From information submitted by World Coin under a confidential letter dated 6th May 2022, World Coin began data collection and processing activities in Kenya on or about 31st May 2021. The purpose of this as indicated in registration application forms is Know Your Customer and Registration. “Said Commissioner Kassait.
Members of parliament demanded to understand on behalf of the public why they were taking this data. Where were they taking them? What form was there a consent form before somebody was taken? That doesn’t scan the data Commissioner, do you understand the real intentions of the world coin?
However, she told the Committee that the office of the data Commissioner has commenced a multi-agency investigation to ascertain the true position of the processing activities of World Coin.
In her submissions, the data Commissioner also told the legislators that her office has yet to establish the number of Kenyans who have signed up with World Coin.
The MPs expressed dissatisfaction with the responses given by the Commissioner, as she could not reveal the contact person between Kenya and World Coin, nor could she reveal the company’s physical address.
Hon. Gideon Kimaiyo (Keiyo South) demanded to know how the commissioner fact-checked their background saying that the company is not operating in developed countries.
“Why is it only operating in that one country, we have not seen them in the developed countries?” Hon Kimaiyo poised.
Hon. Kakuta Maimai (Kajiado East Constituency) asked the committee to seek from the commission if there were single adverts or publications made in regard to the exercise to be conducted in Kenya.
“I don’t remember seeing an advert on the national dailies about better coined advertising its activities and activities was so big that even in Parliament who overwhelmed by the lines of people right enough, just across the street and all over the place to get their data collected by this company.” Hon. Kakuta asked.
Hon. Geoffrey Wandeto (Tetu) told the commissioner that the activity is ungodly and it was wrongly traded.
“I think from the onset maybe what I need to remind the commissioner is that this is a very serious and grey matter from a cultural, religious, and even security perspective this matter has very many dimensions in which the fabric of our public was breached.” Hon. Wandeto advised.
Hon. Dr. Joyce Bensuda, MP of Homa Bay County condemned the exercise saying that a number of youths were brainwashed due lack of employment opportunities in the country.
“When I looked at the rush, and when I looked into the queueing of Kenyans, as a professional, my first observation at a glance what was the age bracket? I saw a Hustler Nation queueing why am I saying that? This one a youthful age bracket who seemed to be jobless, who saw an opportunity of probably sorting out their problems? Agitated Dr. Joyce wondered.
The commissioner further clarified to the public that the world coin company had paid for the registration and followed the due process as required by the law.
“They paid for the registration fee and apart from the registration fee, which is the regulatory we did not receive any other funds from world coin. The office is not aware of any other payment,” Immaculate said.
Immaculately bluntly told the committee that her office has powers to actually represent the fact that we have gotten the Preservation Law done.
“So this office has the power of extraterritorial, we have served the preservation of the lawyers to take the necessary action. So that is power and it’s not unique to us, or data protection. Authorities across the globe have been given extraterritorial because of appreciating the nuances of the Data Protection Act.”
Immaculate Kassait further said that the office considered the best for the public asking the authorities to consider more investigations.
“We as an office give what we considered the best and they act by asking questions by ceasing operation by wanting the topic and also embarking on an investigation to help us put this matter to rest.” Immaculate Kassait requested.
The MPs murmured and expressed their disquiet with the responses given by the Commissioner, as she could not reveal the contact person between Kenya and World Coin, nor could she reveal the company’s physical address.
The chairperson directed the Commissioner to submit more comprehensive and written responses to a number of pertinent raised concerns by MPs by close of business on Friday 18th, August 2023.
