The 1st to 4th Respondents’ Case 21.The 1st to 4th Respondents filed a replying affidavit in response to the judicial review application. The affidavit is sworn on 26th September,2023 by Thomas Scott who introduces himself as the Chief Legal Officer and Corporate Secretary of Tools for Humanity Corporation. 22. In the replying affidavit, the 1st to 4th Respondents depose in contention that the Applicants lack locus standi to initiate these proceedings, both personally or by proximity to the issue in question. The 1st to 4th respondents argue that the Applicants have failed to provide evidence that the 1st to 4th Respondents unlawfully obtained and processed their members' data. They assert that this Application is an improper challenge to the powers and functions of the Data Protection Commissioner and that any complaint should have been referred to the 6th Respondent, the Data protection Commissioner, for administrative action in accordance with the Data Protection Act, 2019. 23.The 1st to 4th Respondents invoke the doctrine of exhaustion, citing section 9 of the Fair Administrative Action Act, 2015, which mandates that disputes be resolved through available legal mechanisms before resorting to judicial review. They contend that the Applicants bypassed the statutory dispute resolution mechanism under section 56 of the Data Protection Act as read with the Data Protection (Complaints Handling Procedure and Enforcement) Regulations Page 10 of 84

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