Impact Assessment (DPIA), as required under Section 31 of the Data Protection Act, 2019, and Regulation 49 of the Data Protection (General) Regulations, 2021. 4. It is the applicants’ further case that this impugned act violated the right to privacy under Article 31 of the Constitution. They state that the Data Protection Commissioner issued a cautionary note on 28th July 2023, urging heightened vigilance by Kenyans regarding the scanning of their data through the Orb device and advised Kenyans to ensure that they received proper information before disclosing any personal or sensitive data. 5. The Applicants aver that on 2nd August 2023, a joint statement by the Communications Authority of Kenya and the Data Protection Commissioner raised concerns about the security, consent, and legal safeguards regarding the data collected by Worldcoin and its affiliates. 6. The Applicants, citing Articles 22 and 258 of the Constitution of Kenya, 2010, argue that they are entitled to move the court alleging a violation of any right in the Bill of Rights or violation of the Constitution. They assert that the alternative dispute resolution mechanism under section 56 of the Data Protection Act is unavailable to them, noting that the mechanism under the Act is limited to "data subjects," who are defined as “identified or identifiable natural person who is the subject of personal data.” Page 4 of 84

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