Govt Blocks Worldcoin Officials From Flying Out Of Kenya
The officials were revealed to have been tasked with overseeing the operations of the digital cryptocurrency firm in the country.
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Interior Cabinet Secretary (CS) Kithure Kindiki revealed on Thursday, August 3 that two Kenyans and several foreigners linked to the controversial cryptocurrency tech firm, Worldcoin, have been barred from travelling outside the country.
In a joint statement issued alongside his ICT counterpart, Eliud Owalo, CS Kindiki revealed that the two Kenyan officials were being interrogated by the Directorate of Criminal Investigations (DCI).
The duo was revealed to have been tasked with overseeing operations of the digital cryptocurrency firm in the country, with one spearheading Worldcoin's operations and the other serving as its Country Manager.
"The entity is not registered as a legal entity in Kenya. Preliminary investigations reveal that the entity has hired a company in Kenya to do the data capture for them in the country.
A Kenyan participating in a Worldcoin registration exercise at KICC on August 1, 2023. /FACEBOOK.ANYAMAH WA ANYAMAH
"A foreign national associated with Worldcoin is on record to have entered Kenya on several occasions, the last one being in June 2023 (Arrival – 11th June 2023; Departure 25th June 2023)," read the joint statement in part.
Kindiki added that the duo, alongside the other foreigners considered persons of interest in the case, will have to seek permission from the DCI which is in charge of the ongoing investigations, before leaving the country.
"As a precautionary measure, the Immigration authorities have been directed to ensure that no persons whether Kenyan or foreign nationals associated with this entity leave Kenya without the clearance of the Director of Criminal Investigations who is in charge of the ongoing investigations," added the statement.
The investigations will also cover any persons of interest who may be outside the territory of Kenya in accordance with relevant international procedures and protocols on Mutual Legal Assistance (MLA) and the exercise of extra-territorial jurisdiction.
The CS added that following the suspension of Worldcoin in Kenya, criminal investigations commenced to establish the authenticity and legality of Worldcoin's activities, the safety and protection of the data being harvested, and how the harvesters intend to use the data.
Kindiki further told parliamentarians that the government expressly directed Worldcoin to cease the collection of personal data and to restrict the further processing of any data that has already been collected from persons located in Kenya.
The joint statement went on to trace the origin of Worldcoin's operations in the country and observed that the Office of the Data Protection Commissioner (ODPC) learnt that Worldcoin set up booths across the country to scan the iris of interested Kenyans on April 19, 2022, in anticipation of the launch of their cryptocurrency which happened last week.
"ODPC commenced its assessment of the organisation in May 2022. In the course of its assessments, the Office initially suspended the operations of WorldCoin in May 2022 for a period of 60 days to ascertain the lawful basis and safeguards adopted by Worldcoin.
"Subsequently, the ODPC conducted a spot check on May 24, 2023. The Office, again, raised concerns with the processing activities of the entity and wrote to the entity on May 30, 2023, and directed immediate cessation of processing of sensitive personal data, namely: the iris and facial data, of data subjects. The Office further directed that Worldcoin safely restrict the processing of any data that had already been processed and advise the Office of the safeguards placed on the restricted data," added the statement.
According to the CSs, the government registered Worldcoin as a data controller, pursuant to the Data Protection Act, 2019 and the Data Protection Registration of Data Controllers and Data Processors Regulation, 2021 (Registration Regulations) require, as one compliance obligation, that entities processing data should be registered with the Office. Such registration is done by applying through the ODPC registration portal.
"An application for a certificate of registration only signifies that the entity has complied with sections 18 and 19 of the Act and does not endorse an entity's compliance with the Data Protection Act or its subsidiary regulations, nor is it a valid license for an organisation to operate in Kenya or authorize the operations of an entity. The Certificate signifies that an entity is known to the Office of the Data Protection Commissioner that it processes the personal data of persons located in Kenya.
"Further, it does not amount to certification of the processing activities of an entity or serve as an endorsement from this Office of an entity's compliance with other provisions of the Act or any other laws. A registration certificate was issued to Worldcoin on 18th April 2023 following receipt of the requisite documentation pursuant to the Data Protection Registration Regulations," the statement continued.
The government had commenced investigations to ensure that Worldcoin complies with the data collection, storage and sharing principles.
Kindiki also revealed that the immediate mitigation steps being undertaken include the constitution of a multi-agency team comprising security, financial services and data protection agencies that commenced inquiries and investigations to establish the legality of the activities of Worldcoin, the safety and the protection of data collected with the aim to safeguard personal data and mitigate against any adverse practices.
He added that the government was unaware of any prior public participation exercise by the crypto firm, a matter that led to cautionary statements issued by ODPC to Kenyans to be vigilant when engaging with Worldcoin and, in particular, when providing sensitive personal data.
A photo collage of Kenyans lined up at KICC to register for WorldCoin. /FACEBOOK
Further, ODPC issued a joint statement with the Communications Authority of Kenya (CA) on Wednesday, August 2 raising concerns about the operations of Worldcoin as they relate to cybersecurity, data protection and consumer protection.
"The Government is not aware of the source of funds. Part of the multi-agency team mandate will be to investigate the source of the money being issued to the participants and the beneficiaries of this activity," Kindiki noted.
Kindiki and Owalo's statement came a day after National Assembly Speaker Moses Wetangula directed the duo to submit a preliminary report on remedies undertaken to safeguard the data for Kenyans.
This is after thousands of Kenyans queued at the Kenyatta International Convention Centre (KICC) to register for the technology that was scanning users' iris in exchange for tokens worth Ksh7,000 after a successful registration.
