Tiktok sensation Roseline Otieno alias Nyako has issued a demand letter to Safaricom Company for allegedly exposing her personal data.
Nyako through her lawyer, Danstan Omari, says that the company disseminated her confidential information to unauthorized individuals without her consent, contrary to the law.
‘’Our client’s M-Pesa statements, containing her personal details and financial transaction history exclusively maintained by your organization, were released to unauthorized persons and have been circulating on various social media platforms,” reads the letter dated April 15, 2024.
The lawyer says his client, who is a renowned content creator of international acclaim, commands significant recognition and embodies a global brand.
Nyako maintains that standing in the industry places her in direct competition with entities of considerable stature.
Her lawyer says that 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.
This has also inflicted emotional distress and anxiety on her.
‘’ This is therefore a flagrant violation of our client’s right to privacy and constitutes a significant breach of data protection laws in Kenya, as follows: i. unnecessary disclosure of information relating to our client’s private affairs, contravening Article 31 of the Constitution of Kenya. ii. 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, “adds the letter.
Nyako wants Safaricom to admit liability within 7 days, after which she shall quantify damages.
She accuses Safaricom of failing to take measures to ensure that her personal data is and/or was processed in accordance with the Principles of Data Protection in Section 25 of the Data Protection Act.
Omari says if no action is taken, he is under instruction to institute legal action against the giant company.
