| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 8(f), 26 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 26 September 2023 |
| Decided: | 11 December 2023 |
| Published: | Yes |
| Fine: | KES.750,000 |
| Parties: | Mohammed Orukoh vs. Koru Country Club |
| Case No.: | 1770 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
The respondent, Koru Country Club, was held to have violated the Complainant's rights as envisaged in the Data Protection Act No. 24 of 2019 and ordered to compensate the complainant KES750,000 for the unauthorized use of his image for commercial gain and the infringement of his rights.
The case involves a complaint filed by Mohammed Orukoh against Koru Country Club for using his photograph on their official Facebook account to advertise their facilities without obtaining his consent.
The complaint alleges that the photo was taken without his consent and has been maintained on the platform for over a year, causing harm to his reputation as a teacher and family man.
The respondent claims to respect the privacy of their guests and the Data Protection Act, stating that they would never take photos of their guests without consent.
The respondent also raised a counter-argument, stating that the complainant had taken photos within their facility and posted them on his Facebook account without their consent.
The case involves an investigation into whether the respondent obtained consent before using the complainant's photo and the alleged impact on the complainant's reputation.
The Data Commissioner determined that the respondent, Koru Country Club, used the complainant's image for commercial gain without his knowledge and consent, thereby violating his rights as envisaged in the Data Protection Act No. 24 of 2019.
As a result, the respondent was ordered to compensate the complainant for the unauthorized use of his image for commercial gain and the infringement of his rights. The Data Commissioner also stated that the parties have the right to appeal this determination to the High Court of Kenya within 30 days.
The final determination by the Data Commissioner was as follows: