Kenya’s Ad hoc committee investigating the Worldcoin matter has raised serious concerns about the company’s actions, which are alleged to have constituted acts of espionage and a threat to statehood, according to local media reports. The committee, led by Narok West MP Gabriel Tongoyo, has called for further investigation into two associated foreign companies, Tools for Humanity (TFH) Corp and Tools for Humanity (TFH) GmbH, for their alleged illegal operations in Kenya. The findings of the committee highlight the urgent need for comprehensive legislation and oversight in the digital economy to protect the rights and data of the Kenyan public.
The Allegations and Investigations
Worldcoin, which started operating in Kenya in May 2021, has been under scrutiny for mining data from Kenyans by scanning their irises in exchange for cryptocurrency tokens. The committee’s investigations were initiated in response to public concern over Worldcoin’s questionable activities, particularly the transmission of real-time iris images to its third-party servers located overseas. The committee found that Worldcoin had violated several Kenyan laws, including the Data Protection Act and Consumer Protection Act. The company’s lack of registration as a data controller, even a year after commencing its activities in the country, further aggravated the violations.
The ongoing saga surrounding Worldcoin highlights the need for comprehensive legislation and oversight in the rapidly evolving digital economy. It is essential to protect the rights and data of the Kenyan public and ensure that companies operate within the bounds of the law. The committee’s findings clearly demonstrate the loopholes in the current legal framework, emphasizing the urgency of legislative intervention in governing the collection of biodata. This intervention should address concerns related to privacy, security, health, and human rights.
Kenya’s National Assembly members have criticized the Information, Communication, and the Digital Economy Cabinet Secretary, Eliud Owalo, for providing misleading information regarding Worldcoin’s operations in the country. Owalo’s conflicting statements, denying his previous affirmations that Worldcoin was operating within the parameters of the Data Protection Act, have caused public confusion and raised concerns about the accountability of government officials. As a result, it is crucial for Parliament to harmonize laws and regulations to regulate the burgeoning cryptocurrency regime in the country, ensuring transparency and preventing further misinformation.
Proposed Amendments and Recommendations
In light of the committee’s findings, there are several proposals and recommendations being put forward to strengthen data protection in Kenya. Members of the National Assembly are pushing for amendments to the law to grant the Office of the Data Protection Commission (ODPC) more discretion in imposing administrative fines and aligning the Data Protection Act with global standards. As part of these reforms, a board would also be created to ensure stricter compliance with data protection matters and oversee the Commissioner’s daily operations. Additionally, the committee recommends stringent requirements for foreign companies seeking registration as data processors or controllers in Kenya, including proof of registration with local regulatory bodies and full disclosure on the utilization and storage of collected personal and sensitive data.
The Worldcoin controversy in Kenya has shed light on the urgent need for comprehensive data protection legislation and oversight in the rapidly evolving digital economy. The allegations against Worldcoin and the subsequent investigations have exposed the vulnerabilities in the current legal framework and highlighted the importance of protecting the rights and data of the Kenyan public. The recommendations and proposals put forward by the committee and members of the National Assembly aim to address these issues and ensure stricter compliance with data protection matters. It is imperative that Kenya takes swift action to safeguard its citizens’ privacy, security, and human rights in an increasingly digital world.
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