Worldcoin has suffered a major legal setback in Kenya after the High Court ordered the immediate deletion of all biometric data the company collected from Kenyan citizens during its controversial 2023 data collection campaign.
In a decisive ruling delivered on Monday, Justice Roselyne Aburili found that Worldcoin’s operations violated Kenya’s Data Protection Act, citing the absence of informed consent and the use of financial incentives to lure citizens into surrendering their sensitive biometric information.
“There was lack of the data protection principle of informed consent; instead there was financial inducement,” said Justice Aburili. “This was illegal, unconstitutional, and a gross violation of the right to privacy.”
The court also issued a prohibition against any further processing of the unlawfully collected data by Worldcoin. The judge emphasized that no data processing should occur unless a comprehensive Data Protection Impact Assessment is conducted or valid consent is obtained from affected individuals.
In addition to the ruling against Worldcoin, the court directed the Kenyan government to publish clear and enforceable guidelines regarding the commercial use of personal data, especially in emerging sectors like cryptocurrency and biometric identification.
The judgment follows a series of investigations and hearings prompted by concerns over Worldcoin’s operations in Kenya. The crypto-based identification platform had claimed to be part of a research initiative while registering as a data controller within the country, granting it autonomy over data usage.
Despite registering as a data controller, the National Computer and Cybercrimes Coordination Committee (NCCCC) told a parliamentary ad hoc committee that the company had violated multiple provisions of Kenya’s data protection laws. “We have noted obvious breaches,” the NCCCC reported. However, it also acknowledged Kenya’s limited jurisdiction over Worldcoin, given the absence of physical offices in the country.
Earlier this year, Director of Public Prosecutions Renson Ingonga ordered the closure of criminal investigations into Worldcoin, determining there was insufficient evidence to warrant police action. This decision briefly paved the way for Worldcoin’s resumption of operations in Kenya.
Monday’s High Court decision, however, places significant restrictions on any future activities by the company, setting a precedent in the enforcement of digital privacy rights in Kenya and the broader African tech landscape.
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