BY SAM ALFAN.

Internet service provider Zuku has been slapped with a fine of half-a-million shillings for breaching a former customer’s privacy.

The office of the Data Commissioner protection further recommended the prosecution of the firm’s directors for obstructing the office.

Data Commissioner Immaculate Kassait said the directors of Zuku Fibre Kenya, which is registered as Mwananchi Group (K) should be charged with the offence obstruction the Data commissioner under section 61 of the Act.

“A recommendation for prosecution is hereby made against Zuku’s directors for obstructing the Data Commissioner, an offence under Section 61 of the Act,” ruled Data commissioner Kassait.

In the decision, Kassait found the company in breach of data privacy after failing to delete Yasin Abukar’s personal data even after being asked to do so.

The Data commissioner said in the decision that Zuku violated Abukar’s right to object to the processing of his personal data and his right to erasure.

“Zuku Fibre Kenya is hereby ordered to delete Abukar’s personal data from its systems, stop contacting him and avail proof thereof to this Office within 7 days from the date of this determination,” ruled Data commissioner.

Abukar argued that that he ceased to be a customer of Zuku Fibre years ago and has since made verbal, phone, and email requests for the erasure of his personal information, which the company ignored.

He further stated that on 16th November 2024, he attempted to escalate the issue formally via email to the address listed on their website, but the email address was invalid, and his message was undelivered.

He also contended that the ongoing retention and misuse of his personal data violates his rights under the Data Protection Act, 2019, including the right to erasure and the right to object to the processing of personal data for marketing purposes.

To him the continued retention of his personal information increases the risk of unauthorized access or misuse, exposing him to potential fraud or identity theft.

He stated that the repeated unsolicited calls and communication have caused inconvenience and distress and a lack of responsiveness erodes trust in the company’s data handling practices.

To further demonstrate his fruitless attempts, Abukar stated that he has attempted to address the matter directly with the company multiple times, but no meaningful action has been taken.

He reiterated that he attempted to escalate the issue via email, but the address provided on their website was invalid.

He argued that as late as 15th December 2024, when the complaint had already been lodged, he received an email from Wananchi Group (Zuku) titled “Service Auto Suspension Notification.”

In response, Zuku Fibre maintained that the email addresses provided on their official website are accurate, operational, and regularly monitored.

The company said it has never received complaints regarding non-functionality.