on their behalf and collected iris data in exchange for free WLD tokens without adequately informing users of the process or purpose. 73.The 6th Respondent’s further submission is that the marketing activities by Platinum De Plus constitute data processing as provided under Section 2 of the Data Protection Act (DPA), which defines processing as any operation on personal data, whether automated or not, including collection, recording, structuring, storage and adaptation activities in which Platinum De Plus was involved. To support this position, reliance is placed on the case of Office of the Data Protection Commissioner v Tools for Humanity Corporation (Worldcoin) & 2 others (Misc. Crim. App. E315 of 2023) [2024] KEHC 312 (KLR) (25 Jan 2024), where the court acknowledged that Worldcoin’s agents downloaded the app, accepted terms and used the Orb for identity verification, thus acting as processors. 74.It is further submitted that given that Platinum De Plus was indeed involved in processing personal data, the analysis shifts to the validity of the consents obtained from data subject, which consent is defined under Section 2 of the DPA as a manifestation of the data subject's express, unequivocal, free, specific, and informed agreement through a statement or affirmative action. 75.That Regulation 4(3) of the General Regulations mandates that data controllers and processors ensure: (a) the data subject has the capacity to consent, (b) the Page 28 of 84

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