• The project operates in 34 other countries.
• It does not however, operate in the US and China due to lack of clear regulatory framework.
Image: SCREENGRAB
MPs want Worldcoin blacklisted and its physical presence in Kenya suspended.
Lawmakers have also faulted state agencies for laxity that saw the firm operate illegally in the country.
The MPs are calling for the strengthening of a legal framework to give the Communications Authority of Kenya, the Office of Data Commissioner and other agencies to rein in on rogue firms.
They also want the DCI to fast-track probe into the activities of the Worldcoin, which they said operated in the country illegally.
In a report by the National Assembly’s ad-hoc committee that probed the activities of the firm in the country, the panel stated that Worldcoin has never been licensed to collect personal data from Kenyans.
“Within seven days of the adoption of this report, the CAK to disable the virtual platforms M/s Tools for Humanity Corp and M/s Tools for Humanity GmbH, Germany (Worldcoin),” chairman Gabriel Tongoyo said.
This includes blacklisting the IP addresses of related websites and suspension of their physical presence in Kenya until there is a legal framework for regulation of virtual assets and virtual asset service providers.
The committee revealed that the firm could have collected data, including from minors due, adding that Worldcoin has continued to register people online despite court and government directives to cease operations.
“Worldcoin continued to engage in data collection involving sensitive personal data in Kenya in total disregard of cessation directive issued by the ODPC on May 30, 2023,” the committee said.
“The registration of Kenyans by Worldcoin online App is still going in despite the pendency of a court order and other administrative directions halting the same in entirety.”
“There is a possibility that minors were registered and scanned by the Worldcoin, since they did not have proper mechanisms for verifying the age of the data subjects.”
Worldcoin is a global project initiated by Tools for Humanity GmbH, a global software and hardware development company based in Berlin, Germany and Tools for Humanity Inc based in the USA.
The project operates in 34 other countries. It does not however, operate in the US and China due to lack of clear regulatory framework.
The firm collected personal data from Kenyans by scanning their iris using the Orb, a device provided by TFH.
The iris image is converted into a digital code which is then transmitted to the TFH third party servicers hosted by Amazon Web Services in South Africa.
TFH Corp and TFH GmbH are companies registered as data controllers in Kenya on September 15, 2022, and April 18, 2023, respectively, but data was moved to Worldcoin Foundation which was not a registered data controller or processor in Kenya.
According to the report, several concerned state agencies only became aware of the activities of Worldcoin after the public outrage.
“All concerned government entities only became aware of the Worldcoin activities way after they had commenced their operations in Kenya, following public uproar,” the report states.
Particularly, the committee faulted ICT CS Eliud Owalo for misleading Kenyans on the legality of the firm’s operations in the country.
The committee cited a statement by the CS during an interview in a local TV station that Worldcoin was legally operating in Kenya.
However, the CS recanted the statement when he appeared before the committee during its probe on the activities of the firm.
The committee also blamed the management of KICC, where the firm was collecting data, for failing to thoroughly vet the company before allowing it to pitch tent at their premises.
“KICC did not conduct due diligence on the nature of activity planned to be held at their facility including which product was being activated, but went ahead and offered authorisation,” the panel said.
The committee wants the DCI to fast-track the ongoing probe and culprits brought to book.
“Within one month of the adoption of this report, Interior CS through DCI provides a report to the National Assembly on the status of their ongoing investigations into the activities of M/s Tools for Humanity Corp and M/s Tools for Humanity GmbH, Germany (Worldcoin) in Kenya and their findings, and thereafter report after every two weeks until conclusion and necessary remedial actions are taken,” the report states.
The lawmakers also want the law changed to provide for the requirement for full disclosure on how data controllers and processors will utilise and store personal and sensitive data collected in Kenya.
“Provide discretion to the office of the Data Protection Commissioner in imposition of administrative fines, by amending section 63 of the Data Protection Act, to align global standards to ensure that entities take matters of data protection seriously,” the panel said.