| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Legal Provisions reviewed |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 7 November 2024 |
| Decided: | 4 February 2025 |
| Published: | Yes |
| Fine: | KES.700,000/= |
| Parties: | Benjamin Ouma vs. DMI Education Services Ltd |
| Case No.: | 1824 of 2024 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
The Complainant alleged the unauthorized use of their minor child's photograph on a billboard for advertising without parental consent. The Data Commissioner found that DMI Education Services processed the minor's personal data for commercial purposes without obtaining express consent from the parent. The Respondent was ordered to pay the Complainant KES 700,000 in compensation
The Complainant alleged that the Respondent used the minor's images for advertisement on their billboard without the minor's parent's consent.
The Complainant asserted the incident happened around December 2022 when the kids had gone for a fun day at the school, and they were lured by the Respondent to put on uniforms and have their photos taken.
The Complainant stated the minor was not and is not a student at the said school, though the school used the billboard for a while, the mother learnt of this sometime in March 2024.
The Respondent did not submit a response to the Notification of Complaint letter. Therefore, the allegations remained uncontroverted.
The Data Commissioner found that the Respondent processed the minor's personal data (photograph) for commercial purposes without the express consent of the minor's parent. This was deemed a violation of Sections 30 (1) (a) and 37 (1) (a) of the Act.
The Office concluded that the Respondent had not discharged its burden of proof to demonstrate express consent for the use of the minor's image.
Legal Provisions reviewed