| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 29, 30, 32, 40(1)(b), 26(a) of the Data Protection Act, 2019; |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 17 February 2024 |
| Decided: | 16 May 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Barbra Njiriri vs. Keptis Systems |
| Case No.: | 299 of 2024 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Keptis Systems was found liable for breaching the provisions of the law and the Complainant's right to privacy when it posted a video of the Complainant on its Tiktok page without a legal basis and failed, refused or neglected to remove the offending image when requested to do so.
Barbra Njiriri (the “Complainant”) filed a complaint with the ODPC alleging that Keptis Systems (the “Respondent”) had uploaded a video of her onto its social media pages namely Tiktok, without her permission.
The Respondent further alleged that she contacted the Respondent and requested that the video be taken down to no avail therefore necessitating the complaint.
The Respondent never submitted a response to the complaint and the video remained on its page upto the date of the complaint.
The ODPC resolved the matter Ex-Parte and found that the Respondent never informed the Respondent of the use to which the video would be put. The Respondent also did not accede to the Complainant’s request for erasure of the personal data. The ODPC found that the video was pulled down prior to the date of determination of the matter.
The ODPC held that:
The full text of the ruling is available below.