REGULATION | WorldCoin Reportedly Ignored an Order to Stop Collecting Biometric Data in Kenya

ODPC has filed a petition to the country's High Court seeking the court's assistance to compel WorldCoin to retain the data it collected from Kenyan individuals. This action is being pursued as part of the ongoing multi-agency investigations into matters related to security, privacy, and the legality of acquiring biometric data through the use of 'financial incentives.'

WorldCoin parent company, Tools For Humanity (TFH), reportendly ignored an order to stop collecting data from Kenya’s Data Protection Office, months before it was suspended.

According to a letter from the government agency to TFH, this occurred in May 2023 when the Kenya Office of the Data Protection Commissioner (ODPC)  instructed the crypto startup to stop iris scans and the collection of facial recognition and other personal data in Kenya.

However, the company reportedly continued to collect data until it was finally suspended by Kenya’s Ministry of Interior and Administration in early August 2023.

In the letter, the ODPC directed WorldCoin to stop collecting data due to concerns over privacy infringement. This was prompted by the collection of biometric data without a clearly defined and justified reason.

Additionally, the ODPC pointed out that WorldCoin had not obtained proper consent from individuals before conducting iris scans. The letter stated that WorldCoin’s agents did not adequately inform the subjects about the data security and privacy protocols in place, as well as the intended use or processing of the collected data.

 

“Your client is hereby instructed to cease the collection of all facial recognition data and iris scans, from your subscribers. This cessation should be implemented without delay and should include all ongoing and future data processing activities,” said Deputy Data Commissioner, Rose Mosero, in the letter.

 

The letter, sent to Coulson Harney (Bowman’s Law), WorldCoin’s law firm, also imposed limitations on WorldCoin’s ability to continue processing the gathered data. Additionally, it mandated the secure storage of the collected information.

ODPC has filed a petition to the country’s High Court seeking the court’s assistance to compel WorldCoin to retain and preserve the data it collected from Kenyan individuals. This action is being pursued as part of the ongoing multi-agency investigations into matters related to security, privacy, and the legality of acquiring biometric data through the use of ‘financial incentives.’

 

“The applicant (ODPC) is aware that despite the suspension and directive to cease processing of personal data, the respondents continued to process the said personal data. It took the public directive by the cabinet ministry of interior and coordination to halt the operations of the respondents (Tools for Humanity and Sense Marketing),” said Oscar Otieno, Deputy Data Commissioner of Compliance in an affidavit to the court.

 

 

 

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