Contents

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

Summary

A complaint was lodged with the ODPC regarding Keptis Systems posting a video of the Complainant on their TikTok account without consent. The Respondent did not respond to the ODPC, but the video was taken down. The ODPC ruled that Keptis Systems violated the Complainant’s rights under the Data Protection Act 2019.

Facts

The case involved a complaint filed on February 17th, 2024 by Barbara Njriri (the Complainant) against Keptis Systems (the Respondent). The complaint was that the Respondent posted a video of the Complainant on their TikTok social media platform without obtaining consent.

The Respondent did not respond to the notification of the complaint** and as such was deemed non-responsive by the Office of the Data Protection Commissioner (ODPC).

The Complainant alleged that on 16th November 2023 the Respondent posted a TikTok video featuring her on its TikTok page without her consent. She further stated that the Respondent refused to pull down the said post despite being requested to do so.

The ODPC visited the Respondent’s TikTok page and confirmed that the subject video was available and accessible at the Respondent's TikTok page. However, as at the date of determination, the subject video was no longer available.

The ODPC found that:

• there was an infringement of the Complainant’s rights under the Data Protection Act 2019 (hereinafter, “the Act”).
• the Respondent had violated the Complainant’s right to be informed and her right of erasure under the Act.
• the Respondent did not fulfill the obligations provided for under the Act.

Legal Provisions Reviewed

The following legal provisions were reviewed by the ODPC:

• Article 31(c) and (d) of the Constitution of Kenya - provides for the right to privacy.