BY SAM ALFAN.
NCBA Bank has been ordered to pay a doctor over half a million for sending misleading information regarding his loan statement to his former wife.
The Data protection commissioner ordered the lender to compensate Dr. Bernard Shiaunda Aete by paying him Sh700,000 for violating his rights.
The Data protection commissioner found NCBA Bank liable for violating the medic’s right to object and the right of erasure under section 26(c) of the Act and section 40 of the Act respectively.
Dr Shiaunda stated that he received false and misleading information regarding his loan statements from the Bank.
He said he had taken a loan with the Bank which he opened at the Moi Avenue Mombasa Branch.
On opening the said facilities, the Complainant was required to furnish the bank with his telephone number as well as an alternate telephone number.
He stated that he gave a number of his former wife.
Later on, he went to the NCBA’s and changed the alternate number to that of one of his son’s and asked the lender to effect the changes immediately.
He stated that on 20th November 2023, the Bank wrote to confirm that the loan accounts were well serviced.
He added that on diverse dates from February 2023, he received false and misleading information from the lender on his telephone line and the messages simultaneously sent to the alternate number.
The said information was simultaneously sent to a third party despite numerous requests to have the third party removed as an alternate contact from his account.
The medic argued that the lender divulged confidential data to third parties contrary to express and written instructions for a period of about eight months.
The information so divulged was false, malicious and deliberately calculated to injure the image of the Complainant before the third party and any other persons to whom the information could be further conveyed.
A perusal of the bank statement dated 20th November 2023, which covers the entire loan period does not show that the Complainant owed the lender money at any time.
The doctor stated that the actions of the bank have violated his right to dignity, right to privacy, right to fair administrative action and the right to access to Information.
