Kenya: Announced ODPC investigation into Worldcoin regarding its operations in Kenya addressing data protection regulation

On 2 August 2023, the Communications Authority of Kenya and the Office of the Data Protection Commissioner (ODPC) issued a joint statement announcing an investigation into Worldcoin regarding its operations in Kenya. In July 2023, Worldcoin initiated the collection of biometric data by scanning the irises of the Kenyan public. They obtained consent for this data collection by offering a cryptocurrency called Worldcoin. However, Worldcoin did not register as a data processor or controller in Kenya. In August 2023 two applications were filed in Nairobi City, contesting Worldcoin's actions, alleging that they unlawfully collected and processed biometric data in Kenya without conducting a proper Data Protection Impact Assessment, without registering as a data processor or controller, and by obtaining consent through the inducement of cryptocurrency. Additionally, they did not have the required type approval. As a consequence the High Court granted leave for judicial review and imposed interim measures to stop the collection, processing, or transfer of personal biometric data. The full judgment will be available after a court hearing of this application in the future.