High Court Orders Worldcoin to Delete Kenyans' Data in 7 Days over Privacy Violations

• The court found that Worldcoin's collection of iris and facial scans through inducement with cryptocurrency breached constitutional privacy rights
• The High Court issued three key orders prohibiting further data collection and compelling the deletion of existing biometric data under ODPC supervision
• Kenya joins a growing list of countries, including Indonesia, Spain, and Hong Kong, that have suspended Worldcoin operations amid global concerns over its data practices

Elijah Ntongai, a journalist at TUKO.co.ke, has over four years of financial, business, and technology research and reporting experience, providing insights into Kenyan and global trends.

Nairobi — The High Court has ordered Worldcoin Foundation to permanently delete all biometric data it collected from Kenyans within seven days, citing serious violations of the Data Protection Act, 2019.

In a ruling delivered on Monday, May 5, Lady Justice Roselyne Aburili declared that the company’s collection and processing of iris and facial scans through the Worldcoin App and its biometric scanning device, the Orb, were illegal and breached the constitutional right to privacy.

This case, filed in the public interest by Katiba Institute as the lead petitioner and with ICJ Kenya (International Commission of Jurists – Kenyan Section) as an interested party, challenged the legality of WorldCoin’s operations in Kenya.

"We argued that the Tools For Humanity and its affiliates failed to conduct a mandatory Data Protection Impact Assessment (DPIA) and obtained consent through inducement by offering cryptocurrency worth USD 55 (KSh 7,000) in exchange for iris scans, thereby violating the principle of informed consent," ICJ Kenya stated.

What orders did the court give?

The court issued three decisive orders:

1. A prohibition order restraining Worldcoin Foundation and its agents from further collecting, processing, or dealing in biometric data without first conducting a proper Data Protection Impact Assessment (DPIA), as mandated under Section 31 of the Data Protection Act.

The court also found that the consent obtained from Kenyans was invalid, having been induced through offers of cryptocurrency.

2. A certiorari order quashing the decision by Worldcoin to collect and process biometric data in Kenya based on an inadequate DPIA and improperly obtained consent.

3. A mandamus order compelling Worldcoin to delete all biometric data previously collected in Kenya within seven days, under the direct supervision of the Office of the Data Protection Commissioner.

The ICJ Kenya welcomed the ruling, stating,

"We commend the ODPC for its strong, persuasive submissions which greatly informed the Court’s deliberations. This ruling is a powerful precedent not just for Kenya, but globally affirming that rights must remain paramount in technological innovation."

The decision follows months of public concern and legal scrutiny over Worldcoin’s data collection practices in Kenya.

The Office of the Data Protection Commissioner (ODPC) and civil society organisations had earlier raised red flags about the legality and ethical implications of Worldcoin's operations, especially in vulnerable communities where individuals may have felt compelled to share personal data in exchange for financial incentives.

World Coin suspended in Indonesia

Notably, the cryptocurrency was also dealt another blow after authorities in Indonesia announced on Monday, May 5, that they had also suspended Worldcoin operations.

Worldcoin’s World ID operations have also been suspended in other countries, including Spain and Hong Kong.

Itumbi vows to fight for Worldcoin return

The Kenyan government decided to suspend Worldcoin operations in the country in 2023.

However in March 2024, Dennis Itumbi vowed to intensify his efforts to advocate for the return of Worldcoin in Kenya, despite the ban that had been imposed over regulatory concerns.

Speaking to students at Mt Kenya University, Itumbi emphasised the importance of embracing digital currencies, particularly for the youth, and highlighted the rise in Worldcoin's value.

He had expressed confidence in pushing for its reinstatement through all available channels, insisting that digital assets are key to future economic participation.

Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.

Source: TUKO.co.ke