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The International Commission of Jurists – Kenyan Section (ICJ Kenya) has welcomed a High Court ruling that found the collection, processing, and transfer of biometric data by WorldCoin in Kenya to be unconstitutional and unlawful.
In a statement, ICJ Kenya Chairperson Protas Saende lauded the judgment by Lady Justice Roselyne Aburili, describing it as an affirmation of the right to privacy in the digital era.
“The judgment rightly underscores that even in the digital age, constitutional rights especially the right to privacy under Article 31 of the Constitution must be upheld,” said Sande.
The ruling stems from a public interest case filed by Katiba Institute challenging the legality of WorldCoin’s operations in Kenya, with ICJ Kenya participating as an interested party.
Sande noted that Tools for Humanity, the company behind WorldCoin, violated the Data Protection Act by failing to conduct a mandatory Data Protection Impact Assessment (DPIA) and collecting personal data without valid consent.
According to ICJ Kenya, the court determined that the company induced Kenyans to surrender their biometric data, including iris scans, by offering cryptocurrency worth 55 US Dollars, thereby breaching the principle of informed consent.
“The Court affirmed that WorldCoin commenced data collection without valid consent from the Office of the Data Protection Commissioner (ODPC) and without conducting the required DPIA, in breach of Sections 25, 26, 29, 30, and 31 of the Data Protection Act, 2019,” Sande stated.
ICJ Kenya also hailed orders issued by the court which include, prohibition of WorldCoin from collecting personal data from Kenyans and quashing of its decision to collect such data without a DPIA.
The courts also ordered permanent deletion of unlawfully collected data under the supervision of the ODPC within 7 days and the revocation of the Respondents’ data processing certificate.
“This ruling is a powerful precedent not just for Kenya, but globally affirming that rights must remain paramount in technological innovation,” said Sande.
