| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 22(1)(a), 25, 32, 33, 37, 56, 57 of the Data Protection Act, 2019 |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 8 May 2023 |
| Decided: | 5 August 2023 |
| Published: | N/A |
| Fine: | N/A |
| Parties: | Abdinur Kassim & Anor (minors) vs. Joyce Njoki Ngugi T/A Kora Spa |
| Case No.: | 0660 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
A personal grooming centre processed 2 minors photos for commercial purposes without first obtaining the consent of the guardians.
Kora Spa (the “Respondent”) operates a personal grooming business. Abdinur Kassim and Lukman Hussein (the “Complainant”) are minor who were taken to access barber services. While at the salon, photos were taken of the minors by the Respondent's employees and/or agents working in the salon. The photos were subsequently published online in the Respondents social media channel promoting the salon and the services offered therein. The Complainants’ aver that no consent was given for the photos to be taken or published online.
The Respondent admitted that the Complainants photos were indeed taken at the salon and published online but that the Respondents relied on implied consent as basis of processing due to the demeanor of the Complainants. They also confirmed that they took down the photos immediately a complaint was made to them on the same.
The ODPC held that:
The Respondent violated the provisions of the DPA19. An enforcement notice to issue.
The full text of the ruling is available below.
Share blogs or news articles here!