TikTok sensation Roseline Otieno, alias Nyako, has threatened to sue giant telco Safaricom for allegedly making public her financial transactions without her consent.
She accuses the firm of making her M-Pesa transactions visible to third parties.
In a demand letter through the law firm of Danstan Omari Associates and Advocates, Nyako says that the telco allowed the circulation of confidential details of her M-Pesa statements on social media platforms.
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"We act for Roseline Otieno, who goes as 'Nyako' on TikTok, under whose instructions we address you as follows: that on or about February 13, 2024, you disseminated or facilitated the dissemination of her confidential information to unauthorised individuals and have been circulating on various social media platforms," the letter reads.Nyako claimed that the company released crucial details of her financial transaction history to strangers.
Nyako wants Safaricom to admit liability for leaking her M-Pesa details, after which her lawyer will quantify damages.
"That you admit liability for breaching our client’s right to privacy, which thereafter we shall quantify damages," her advocates state in the letter.IG Koome Faces Lawsuit Over His Directive to Halt Doctors' Strike, Intensify Police Response
The German-based TikToker claimed that the disclosure of her M-Pesa details had caused her tremendous anxiety and undermined her brand.
She also issued a seven-day ultimatum to the company to explain how her confidential information was disseminated to the public. If the company does not comply, she will institute legal proceedings.
"That there be an immediate explanation for the unauthorised dissemination of our client's confidential information. Take note that failure to comply with the above demands within seven days of the date hereof, we have firm and irrevocable," Nyako demanded.Her advocate censured the firm for insisting it had the duty to protect sensitive information belonging to their subscribers.
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Omari accused the company of infringing on her right to privacy and breaching the data protection law.
"Unauthorised disclosure of personal data and granting access to unauthorized persons which constitutes a clear personal data breach as defined in Section 2 of the Data Protection Act," Omari added.Nyako, who said on TikTok that she was looking for a good lawyer, added that she was a renowned content creator of international acclaim.
"Our client is a renowned content creator of international acclaim, commands significant recognition and embodies a global brand. Her standing in the industry places her in direct competition with entities of considerable stature," her lawyers affirmed.In February, Nyako expressed her frustration that German authorities had frozen her bank accounts.
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She accused her detractors of maliciously reporting her to the authorities for reasons she had yet to find out.
The content creator said she has been making a living from TikTok since losing her job in 2023.
She said that she used to receive gifts from her fans whenever she went live on the app, citing it as her main source of income.
"My bank account has been blocked. I cannot access it. It has been blocked. I don’t know who wrote what again to the government this time. I have to pay my rent using gifts from TikTok. I have to pay my insurance from Tick, Tock. That money has been taken away. I don’t even know where to start at this point. I don’t know who to ask what," she lamented.The telco's communications person said the firm would confirm receipt of the demand letter and respond appropriately thereafter.
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Proofreading by Jackson Otukho, a multimedia journalist and copy editor at TUKO.co.ke
Source: TUKO.co.ke
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