DO NOT USE ANOTHER PERSON’S DATA TO APPLY FOR TENDERS WITHOUT THEIR PERMISSION!!
In ODPC COMPLAINT NO. 1844 OF 2024, the Office of the Data Protection Commissioner recently played referee in a digital match that pitted Ayub Odanya Naburi against Geosky Service Limited — and let’s just say, it wasn’t a friendly game.
The Tale of the Unauthorized Employee
On November 15, 2024, Naburi sounded the alarm, filing a complaint that painted Geosky as a data pirate sailing under false flags. The company, in a bid to win a tender at the Central Bank of Kenya, allegedly paraded Naburi’s name, professional credentials, and membership details as if he were their employee — a ghost employee, if you will. And, like a plot twist in a courtroom drama, they never bothered to ask Naburi for permission.
The Silent Treatment
When the Data Commissioner’s office politely knocked on Geosky’s door seeking an explanation, Geosky chose the classic ‘ignore and hope it goes away’ strategy. Spoiler alert: it didn’t work.
Naburi’s Quest for Justice
Feeling like the unwitting protagonist in a corporate thriller, Naburi — a man of standing in his profession — argued that Geosky’s antics had tarnished his reputation. He came armed with letters from the Institution of Surveyors, emails from the Central Bank, and enough paperwork to make a bureaucrat blush. His wishlist?
- A permanent injunction
- A front-page newspaper apology
- Kshs. 5 million in damages for his troubles
The Data Commissioner’s Verdict
After combing through the evidence, the Office concluded that Geosky had trampled on Naburi’s rights with all the grace of a bull in a China shop. They violated the Data Protection Act by failing to:
- Inform Naburi about the use of his data
- Process his data lawfully
- Even feign remorse for their actions
The Consequences
The judgment landed like a hammer — Geosky was ordered to pay Naburi Kshs. 450,000 in compensation. But that’s not all:
- An enforcement notice was slapped on the company
- The directors were handed a ticket to potential prosecution
- Both parties were reminded they had 30 days to appeal to the High Court, should they wish to prolong the saga
The Moral of the Story
If you’re thinking of playing fast and loose with someone’s personal data, think again. In the era of data protection, the watchdogs are vigilant, the penalties are real, and ghost employees have very real voices.
