Worldcoin Faces Major Legal Setback in Kenya

Justice Aburili Roselyne of the Kenya High Court ruled that Worldcoin's biometric data collection violated the country's Data Protection Act.

Worldcoin faced a major legal setback in Kenya as a judge ruled that its biometric data collection breached the country’s Data Protection Act.

The ruling, issued on May 6 by Justice Aburili Roselyne of the Kenya High Court, follows a case filed by the Katiba Institute, a legal think tank that promotes constitutional rights.

The judge ordered the Worldcoin Foundation and its agents to cease all biometric data processing activities in the East African nation.

The court also instructed them to delete all previously collected data within seven days, with Kenya’s Data Protection Commissioner overseeing the deletion process.

The judge issued three separate legal orders:

Prohibiting Worldcoin from collecting or processing any biometric data without a proper Data Protection Impact Assessment (DPIA).

Null and void all existing approvals that allowed such data collection.

Mandating permanent deletion of data already gathered.

The Katiba Institute, which launched the case in August 2023, argued that Worldcoin did not meet Kenya’s legal standards for data consent.

Worldcoin had been offering users $50 worth of WLD tokens to scan their irises through its Orb device.

According to the ruling, this offering of WLD tokens in exchange for biometric data invalidated proper consent.

The court cited Sections 25, 26, 29, 30, and 31 of Kenya’s Data Protection Act, stating that Worldcoin collected data without approval from the Office of the Data Data Protection Commissioner (ODPC).

In a post on May 6, the International Commission of Jurists (ICJ) Kenya confirmed that the court found Worldcoin had begun collecting data without valid consent or a required DPIA.

The group said it welcomed the ruling, adding that it reinforced privacy rights guaranteed by the constitution.

“The court's decision to order the deletion of the unlawfully collected data is a significant step in safeguarding the privacy and autonomy of individuals whose biometric data was collected by Worldcoin,” ICJ Kenya said.

Highlighting the legal implications, the court's ruling comes amid ongoing discussions in the US Congress about introducing a federal privacy law.

The ruling has placed additional legal pressure on Worldcoin, especially in jurisdictions where there are existing concerns over privacy violations.

In Indonesia, officials have already suspended Worldcoin’s activities over similar issues.

Despite these restrictions in multiple countries, Worldcoin has continued its expansion in the US.

The project recently launched in six cities, including Los Angeles, San Francisco, and Atlanta.

In Kenya, however, the High Court’s ruling now prevents any further biometric collection.

Constitutional lawyer Joshua Malidzo Nyawa appeared for the Katiba Institute in this case.