Popular Tiktoker Roseline Otieno alias Nyako has threatened to sue Safaricom for releasing her Mpesa statements online without her consent.
Through Lawyer Danstan Omari, Nyako has written a demand letter to Safaricom seeking an explanation on how they unauthorized dissemination of her personal data.
Omari says that on February 13 2024, Safaricom disseminated her confidential information to unauthorized individuals without due authorization or consent.
“Our client’s M-Pesa statements, containing her personal details and financial transaction history, a dataset exclusively maintained by your organization, were released to unauthorized persons and have been circulating on various social
media platforms,” the letter reads
Omari further says that his client is a renown content creator of international acclaim, commands significant recognition and embodies a global brand.
Further adding that her standing in the industry places her in direct competition with entities of considerable stature.
“Consequently, the unauthorized disclosure of her personal and financial information to the public, particularly to unauthorized individuals, not only compromises her privacy rights but also undermines her standing as a reputable brand and exposes her to financial risks,” the letter states.
Omari says the circulation of her personal details has inflicted emotional distress and anxiety upon Nyako.
He also argues that as custodian of this sensitive data, Safaricom has the responsibility to safeguard it against unauthorized disclosure and misuse.
“Unnecessary reveal of information relating to our client’s private affairs contravening Article 31 of the Constitution of Kenya,” he says.
Omari says that unauthorized disclosure of personal data and granting access to unauthorized persons constitutes a clear personal data breach as defined in Section 2 of the Data Protection Act.
“Failure to take measures to ensure that our client’s personal data is and/or was processed in accordance to the Principles’ of data protection in Section 25 of the Data Protection Act,” the letter states.
Nyako has demanded an immediate explanation for the unauthorized dissemination of our client’s confidential information.
She also wants them to admit liability for breaching her right to privacy, which thereafter they shall quantify damages.
“Take notice that failure to comply with the above demands within 7 days of the date hereof, we have firm and irrevocable instructions to institute a suit against you,” the letter reads.
