purpose and means of processing personal data” whereas, a “data processor” is one who “processes personal data on behalf of a data controller.” 16.Additionally, the Applicants contend that Worldcoin's cross-border transfer of personal data breached Section 25 of the Data Protection Act and Article 46(1) of the General Data Protection Regulations, as it did not provide adequate safeguards or remedies for Kenyan data subjects. That Worlscoin’s privacy policy, which subjects any dispute to arbitration outside Kenya, is said to have failed to provide enforceable rights for data subjects. The Applicants state that Tools for Humanity’s privacy notice as at to date, does not show that they collect biometric data through the Orb device. 17.The Applicants urge that Worldcoin, in its registration as a data controller, provided misleading information, violating Regulation 5(2) of the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021. It is their case that Worldcoin did not include copies of the establishment documents or particulars of the data processors (Worldcoin Foundation and World Assets Ltd) including their name and contact details. This, according to the applicants, entitles the Data Protection Commissioner to cancel Worldcoin’s registration under Regulation 16(b) and (c). 18.The Applicants also argue that Worldcoin’s actions amount to abuse of power, citing the case of Keroche Industries Ltd v Kenya Revenue Authority [2007] Page 8 of 84

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