Office of the Data Protection Commissioner(ODPC) has moved to court over the cryptocurrency project -Worldcoin.
In documents lodged at the Milimani High Court, the state agency wants orders stopping further collection of data from Kenyans by Worldcoin.
Through Deputy Data Commissioner Oscar Otieno, the agency also seeks an order compelling the foreign firm to preserve the data collected on Kenyans' eyeballs, pending the conclusion of investigations being conducted by the government.
Otieno seeks preservation orders on grounds that the Kenyans' personal data so far obtained during the Worldcoin project since April this year risk being erased and modified unless the court intervenes.
The state agency adds that the preservation of the information supports the ongoing investigations aimed at determining whether the processing of personal data aligns with the Data Protection Act.
In an affidavit filed in court by Otieno, he says the government has since suspended the Worldcoin project for 60 days after he issued a directive to cease processing of personal data but Tools for Humanity Corporation (WorldCoin), Tools for Humanity GmbH (WoldCoin) and Sense Marketing Limited (respondents) continued to operate.
Otieno states that a review of the Worldcoin project in the country has since revealed that the processing of personal data does not adhere to the principles of data protection as set out in section 25 of the Act.
According to him the preliminary investigations conducted by the state so far the Worldcoin project in the country is not safe for Kenyans.
‘The Applicant is undertaking investigations in relation to Worldcoin operations in Kenya by the Respondents. The Worldcoin project, a matter of great public interest, is described by the Respondent on its website as a project ‘aimed at establishing universal access to the global economy regardless of country or background. It is designed to become the world's largest human identity and financial network, giving ownership to everyone,” part of court papers read.
The commissioner adds that the commission commenced the assessment of Worldcoin in May 2022 and is targeted to review the data in question, collected between April 19, 2022, and August 8 of this year.
Otieno says that they have directed Worldcoin to safely restrict the processing of any data that had already been processed pending probe.
The Commissioner argues Worldcoin is likely to tamper with, erase, or further process the personal data in a manner contrary to the Data Protection Act, thereby frustrating the investigations currently being conducted by the Agency.
“In order to conduct proper and comprehensive investigations of the world Coin project, the agency seeks to ascertain the availability, status, and security of the Kenyan data subjects’ personal data and sensitive personal data that forms the substratum of the investigations,” the Commissioner states.
The suit comes days after the government through interior CS Kindiki Kithure suspended the World Coin project by citing data privacy concerns.
Worldcoin, founded by US tech entrepreneur Sam Altman, offers free crypto tokens to people who agree to have their eyeballs scanned.
Thousands of Kenyans have been queuing up at registration centres this week to get the currency worth about $49 (£39).
CS Kindiki warned Kenyans to be cautious about giving their data to private companies.
Currently, the state launched an investigation into Worldcoin and called on security services and data protection agencies to establish its authenticity and legality.
The petition is pending directions.
