Contents

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

Summary

Winfrid Kirumba complained Hair Manufacturing unlawfully used her minor daughter's photos commercially on social media without consent. The ODPC found Hair Manufacturing liable for this privacy violation, ordering them to pay KES 700,000 compensation for the unauthorized use of the minor's image.

Facts

The Complainant, Winfrid Kirumba, lodged a complaint on 11th February 2025, on behalf of LK (minor). The complaint alleged that the Respondent, Hair Manufacturing Limited (Darling Kenya), unlawfully processed the minor's personal photos and used them on social media platforms (specifically their Facebook Page) to market their services without express consent.

The Complainant asserted that:

• The Respondent collected and processed the minor's images without obtaining the parent's informed consent, which is contrary to Section 25 of the Data Protection Act.
• The Respondent failed to adhere to data protection principles, specifically lawfulness, fairness, and transparency, as required by Section 25(a) and (b) of the Act.
• The unauthorized commercial use of the minor's images contravened Section 26 of the Act, especially given the special protections afforded to minors.
• Parental or guardian consent is mandated by Section 33 of the Data Protection Act for processing a minor's personal data, which was not obtained in this instance.

The Complainant sought the following remedies:

• Removal of all images of the Minor from any online platforms where they had been published.
• Compensation for the unauthorized commercial or promotional use of the Minor's image.
• Ensuring the Respondent adheres to data protection regulations to prevent future violations.
• Implementation of necessary enforcement actions or penalties against the Respondent for breaching data protection laws.