BY SAM ALFAN.
Migori County Assembly has been ordered to pay a man closes to one million shillings for keeping his CV on their website, exposing his personal data.
Data commissioner ordered the County Assembly to pay Allan Chacha Sh900,000 and delete his CV from the county assembly website within seven days.
Chacha had unsuccessfully applied for the position of the Speaker of the Migori County Assembly.
Data Commissioner said the assembly processed Chacha’s personal data in a manner contrary to the principles of data protection set out in Sections 25(a) and (d) of the Act.
The commissioner added that the Assembly processed Chacha’s personal data and sensitive personal data unlawfully.
“The Migori County Assembly is hereby directed to compensate Chacha with Sh.900,000,” ruled Data commissioner.
Data commissioner added that the Migori County Assembly failed to comply with its obligation section 25 and 30 of the Act.
Data commissioner took into account the nature of the personal data exposed being sensitive personal data, the fact that it was published in a publicly available website and that the same is still published as at the date of this determination.
Chacha sought various remedies, including general damages for the breach of privacy, removal of the curriculum vitae from the Assembly’s website and an order prohibiting such acts from being carried out in the future.
County Assembly did not provide a statement regarding the Complainant’s request for compensation.
Instead, the Assembly reiterated its position that the complaint was not made in good faith.
Chacha submitted that his curriculum vitae to the Migori County Government as part of his application for the position of Speaker of the Migori County Assembly.
Without his express consent or any authority whatsoever, the county assembly published Chacha’s curriculum vitae on its Official website, making it publicly accessible.
Chacha alleged that the publication is unauthorized and has exposed personal and confidential information to the public which has resulted to a violation of his right to privacy.
Additionally, chacha told the Data commissioner that the confidential information of the Individuals listed as referees in the curriculum vitae has also been compromised.
He further avers that the violation in question pertains to the unauthorized processing of his personal and sensitive personal data without express consent.County Assembly defended itself arguing that by applying to be elected as the speaker of County Assembly of Migori.
Chacha subjected himself to the provisions envisaged for election of the Speaker and as per Section 9A(1) of the County Government Act, 2012 which states that.
“The Speaker of a County Government Assembly shall be elected, in accordance with standing orders of the Respective County Assemblies, from among persons who are eligible to be elected as members of a County Assembly but are not such members”
The assembly alleged that Chacha accepted to be governed by standing orders of County Assembly of Migori, with emphasis on Standing Order (5) which states, “Immediately upon the close of the nomination period provided for in paragraph (2), the clerk shall publicize and make available to all members, a list showing all qualified candidate; and make available to all members, copies of the curriculum vitae of the qualified candidates.”
In conclusion, the Assembly stated that Section 51(2)(c) of the Act exempts the processing where disclosure is required by or under any written law. Assembly pleaded that at all times it acted accordingly and did not occasion an infringement on the Complainant or any other applicant.
