On Monday, May 5, the High Court ordered the Worldcoin Foundation to delete all iris and facial data it had unlawfully collected from Kenyans in September 2023. The deletion must be completed within seven days, under the supervision of the Office of the Data Protection Commissioner (ODPC).
Lady Justice Aburili Roselyne, who issued the ruling, also prohibited the Worldcoin Foundation and its agents from further processing, collecting, or handling biometric data. They must first conduct a thorough Data Protection Impact Assessment and secure valid consent before proceeding with any such activities.
“An order of Mandamus compelling the Worldcoin Foundation and its agents to permanently delete (under the supervision of the Data Protection Commissioner) within seven days any biometric data collected in Kenya without undertaking (or using an inadequate) Data Protection Impact Assessment contrary to section 31 of the Data Protection Act, 2019 and by consent obtained through inducement of a cryptocurrency—Worldcoin,” the orders read.
The ruling followed an application filed by the Katiba Institute, which challenged the collection, processing, and transfer of biometric data via the Worldcoin App and Orb. During the court hearing, the Office of Data Protection argued that Worldcoin’s actions violated key data protection principles as outlined in Kenya’s Data Protection Act, 2019.
Deputy Data Commissioner Oscar Otieno submitted that after reviewing Worldcoin’s operations in Kenya, he found the project posed significant risks to the safety and privacy of Kenyans. He emphasized that without proper legal intervention, the personal data collected from Kenyans could be altered or erased.
The Worldcoin project, which offered $50 USD in exchange for biometric data, was banned in Kenya after concerns about privacy and data security. In 2024, Worldcoin, led by tech entrepreneur Sam Altman, announced its return to Kenya, despite the earlier ban.
