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Kenya: Operators investigated over unlawful acquisition of personal data

Kenya’s gambling regulator is investigating licensed betting operators over allegations they unlawfully acquired personal data from a telecommunications provider.

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Kenya breach
Key Points
GRA has launched an investigation into licensed betting operators following allegations they benefited from unlawfully obtained citizens personal data
A complaint submitted in May alleged that former employees of a telecommunications company accessed and shared customer information with betting firms without consent or legal authority

The Kenyan Gambling Regulatory Authority (GRA) has launched an investigation into several licensed betting operators. The inquiry follows allegations that the companies may have benefited from personal data obtained through a major data breach.

Local media reported that the regulator confirmed in an email to a Kenyan citizen that investigations are ongoing into allegations raised against the licensed operators.

The complaint, submitted in May, called on the GRA and other relevant authorities to investigate three licensed betting firms over the alleged unlawful acquisition and use of citizen data.

The complainant alleged that the information had been obtained by former employees of a telecommunications company and shared with the betting operators in breach of data protection laws.

Previous findings from the Directorate of Forensic Investigations (DCI) suggested the alleged breach was not an isolated incident but had taken place over an extended period and involved large volumes of subscriber information.

Furthermore, local media reported that the Directorate of Criminal Investigations (DCI) has formally requested extensive records from the GRA as part of the ongoing inquiry.

The investigation comes months after the High Court ruled that the constitutional rights of 11 subscribers of a telecommunications company had been violated following the unlawful disclosure of their personal data.

Justice Bahati Mwamuye awarded each of the 11 petitioners KES 900,000 ($6,950) in general damages after finding that their rights to privacy, dignity and consumer protection had been breached.

Recently, Global Gaming Insider analysed Kenya’s gambling regulatory overhaul, which introduced changes to the licensing framework including higher licence fees and increased minimum capital requirements for operators. The new regulations also require online gambling platforms to integrate with the GRA’s monitoring systems to enable continuous oversight, while operators face stricter responsible gambling obligations.

However, following the overhaul, Kenya’s High Court suspended the implementation of the new licensing regulations after a legal challenge argued that key requirements, including higher capital thresholds, were introduced without the public consultation required under the Constitution. The ruling places the new licensing framework on hold until the case is heard on 21 September.

The upcoming August issue of Global Gaming Insider magazine features a strong focus on Africa’s gaming market, including an in-depth look at developments in Kenya.

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