Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: N/A
Type: Complaint
Outcome: Violation
Started: 25 January 2023
Decided: N/A
Published: 11 April 2023
Fine: N/A
Parties: Ecological Industries Limited
Case No.: N/A
Appeal: N/A
Original Source: ODPC
Original contributor: Margaret Odhiambo

Contents

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

Summary

The ODPC issued an enforcement notice against Ecological Industries Limited (the ‘Respondent’) after it failed to respond to a complaint filed by the Complainant against it. The Respondent published the Complainant's photo in their corporate catalogue and calendar without obtaining prior consent.

Facts

The Complainants alleged that her photo was published in the Respondent’s calendar and corporate catalogue without her permission.

It was also alleged that the publications were intended for marketing purposes and the Respondent therefore derived a commercial benefit from the publication.

The ODPC issued an enforcement notice against the Respondent. The ODPC stated that it would issue a penal notice if the Respondent fail to comply with the enforcement notice.

Holding

The ODPC issued an enforcement notice against the Respondent which was pending an outcome at the time of publication of the release.

Comment

A full text of the ruling is not available but the release in respect of the same is attached below. The ruling appeared to have been released prematurely. It is not clear how the matter was ultimately resolved.

Further resources

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The Decision

ODPC-issues-penalty-notice-against-whitepath.pdf