Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

Dennis Gathara (the complainant) alleged that Good times Africa sent unsolicited promotional text messages despite requests to stop and unsubscribe. The company claimed to have implemented remedial measures but failed to provide proof. The ODPC found the company liable for violating data privacy rights, ordering them to erase the complainant's data, cease communication, and pay KES 700,000 in compensation.

Facts

The Complainant filed a complaint with the Office of the Data Protection Commissioner (ODPC) on June 1st, 2024, alleging that the Respondent had been sending him unsolicited text messages promoting its events without obtaining his consent.

The Complainant provided screenshots of the messages and alleged that he had attempted to unsubscribe through options given by Safaricom PLC but was unsuccessful.

The Complainant reached out to the Respondent through its official email to request the cessation of communication and deletion of his personal data, but the request was neither responded to nor complied with within the requested timelines.

The Respondent, in its response, stated that it had addressed the complaint filed by the Complainant and taken the following steps to remedy the situation:

• Implemented an SMS opt-out feature.
• Updated its terms and conditions to outline its process of collecting, storing and using data, ensuring transparency and compliance with data protection regulations.
• Implemented a clickwrap agreement feature for audiences to accept terms and conditions before purchases.

The ODPC established that:

• the Complainant did receive promotional messages from the Respondent promoting its events.
• The Respondent continued to send promotional messages to the Complainant despite the fact that he had requested them to stop sending promotional messages to him.
• The Respondent did not fulfil its obligations under the Act.