High Court Declares Worldcoin’s Biometric Data Collection Unconstitutional

The High Court of Kenya, in a landmark ruling delivered by Justice Roselyne Aburili, has declared Worldcoin’s collection and processing of biometric data, including iris scans and facial images, unconstitutional. The court found that Worldcoin, operated by Tools for Humanity, violated Kenya’s Data Protection Act of 2019 by failing to conduct a mandatory Data Protection Impact Assessment (DPIA), neglecting to register as a data processor, and improperly obtaining consent through inducements.

The court has ordered Worldcoin to immediately delete all biometric data collected from Kenyans. The deletion process will be overseen by the Office of the Data Protection Commissioner (ODPC) to ensure compliance. This ruling marks a significant step in enforcing Kenya’s data protection laws, highlighting the importance of transparency and accountability in handling sensitive personal information.

The decision follows a series of legal challenges against Worldcoin, including a 2023 court order barring the company from collecting or processing biometric data pending investigations. The ODPC’s case underscored Worldcoin’s non-compliance with data protection regulations, prompting this decisive action.

This ruling serves as a reminder to global tech firms of the need to adhere to local data protection laws, particularly in jurisdictions with robust privacy frameworks like Kenya’s.