Court is said to have held that EU data protection laws must provide clear rules and minimum safeguards to protect personal data, especially where there is a risk of unlawful access. 85.Accordingly, the 6th Respondent submits that the transfer of sensitive personal data by TFH US, TFH GmbH and Worldcoin Foundation to foreign destinations without proper safeguards and under flawed consents violated the DPA. The consents obtained, it is urged, was inadequate and did not meet statutory requirements. 86.It is submitted that prayers (a), (b), and (c) of the Application should be granted on the grounds that TFH US, TFH Germany, Worldcoin Foundation, WorldAssets, and Platinum De Plus Limited have collectively processed and transferred sensitive personal data of Kenyan residents without lawful basis and without an adequate DPIA, in violation of the DPA. Moreover, that despite investigations and enforcement actions by the ODPC, the Respondents failed to comply. They urged that Prayer (d) should be denied as explained in paragraphs 41 and 42 of the ODPC’s Replying Affidavit. The 8th Respondent’s Case 87.The 8th Respondent filed a replying affidavit sworn by Christopher Wambua on 4th December 2023. It is the 8th Respondent’s case that it was established under Page 32 of 84

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