| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25, 26 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | No Violation |
| Started: | 25 October 2023 |
| Decided: | 22 January 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Nickson Mudii vs. Arrow Facilities Ltd |
| Case No.: | 2187 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Arrow Facilities Limited (the “Respondent”), who used a former employee's image in promotional material was held not to have breached the Data Protection Act, 2019 when it was found that the activities the subject of the complaint occurred before the Act came into force, and that the Respondent also promptly resolved the dispute by pulling down the offensive materials.
Nickson Mudii (the Complainant”) was previously employed by Arrow Facilities Limited (the “Respondent”), a cleaning company.
The Complainant averred that on 3 August 2019 he participated in a photoshoot in the course of his employment with the Respondent, who thereafter used the images in promotional material without his consent.
The Respondent confirmed the use of the Complainant's images in the promotional material but averred that the Complainant was informed of the use of his photos before his participation in the shoot and that it promptly took the photos down when the Complainant protested its continued use.
The ODPC held that it could not apply the data protection law which was inplemented on 25 November 2019 retrogressively.
Notwithstanding this, the ODPC noted that the Respondent promptly resolved the complaint by pulling down the offending advertisement and the matter was thus resolved.
The full text of the ruling is available below.
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