live testing of current digital technology products and services. 95.The 8th Respondent submits that the 1st to 5th Respondents violated regulation 3(1) of the Kenya Information and Communications (Importation Type Approval and Distribution of Communication Equipment Regulations,2010 by using the Orb device without approval. This position, according to the 8th Respondent, was reaffirmed by the court in the case of Royal Media Services Limited v Telkom Kenya Limited & 2 others [2000] eKLR, where it was emphasized that some of the requirements such as type approval are public safety requirements. 96.Additionally, the 8th Respondent submits that Section 31 of the Data Protection Act mandates a data processor to undertake a Data Protection Impact Assessment (DPIA) prior to processing personal data, where the processing operation is likely to result in a high risk to the data subject’s rights and freedoms based on the nature, scope, context and purposes of the processing. 97.According to the 8th Respondent, between 31st May 2021 and January 2022, the 1st to 5th Respondents conducted their activities without a DPIA, as mandated by the DPA and the European Union Guidelines on DPIA. The 8th Respondent submits that Section 2 of the Data Protection Act defines what consent means, while section 32 of the Act gives the conditions for consent. 98.The 8th Respondent maintained that the 1st to 5th Respondents violated these Page 35 of 84

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