inducements or non-negotiable terms. 82.It is the 6th Respondent’s submission that the Multi-Agency Team confirmed that the consent obtained by TFH US, TFH GmbH, and Worldcoin Foundation did not comply with Section 32 of the Data Protection Act (DPA). The 6 th Respondent further submits that Section 30 of the Act recognizes consent as a lawful basis for processing personal data, but since the consents obtained failed to meet statutory criteria, the resulting data processing was unlawful. 83.Further, it is submitted Section 49 of the DPA and Regulation 40 of the General Regulations require safeguards, including consent and confirmation of appropriate protections, before transferring sensitive personal data out of Kenya. Regulation 41 is said to stipulates that such transfers must be based on appropriate safeguards, either through binding legal instruments equivalent to protections under Kenyan law or an assessment concluding that suitable protections exist. It also requires documentation of the transfer, including recipient details, justification and data description, to be available upon the Data Protection Commissioner’s request. 84.The 6th Respondent submits that it was the responsibility of the 1 st to 4th Respondents to establish and justify adequate safeguards to the ODPC, which they failed to do. Reliance is placed on Maximillian Schrems v Data Protection Commissioner (6 October 2015), where the Grand Chamber of the Page 31 of 84

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