Authority: ODPC - Kenya
Jurisdiction: Kenya
Relevant law: N/A
Type: Complaint
Outcome: Violation - Penalty
Started: August 2022
Decided: 3 November 2022
Published: 21 December 2022
Fine: Kes.5 million
Parties: OPPO Kenya Ltd
Case No.: N/A
Appeal: N/A
Original Source: ODPC
Original contributor: Margaret Odhiambo

Contents

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

Summary

The ODPC fined OPPO Kenya Ltd (the ‘Respondent') KES.5m for using the Complainants photo on its social media pages without first obtaining her consent.

Facts

OPPO Kenya published a photo of the Complainant in its social media platform. The Respondent did not obtain prior consent of the Complainant before publishing the image and the Complainant filed a complaint with the ODPC alleging infringement of the right to privacy.

The ODPC issued an enforcement notice against the Complainant but the Respondent refused to cooperate with the regulator during the ensuing investigation notwithstanding repeated requests to do so.

Holding

The ODPC penalised OPPO KES.5million for its failure to comply with the DPA,19 and its Regulations.

Comment

A full text of the ruling is not available. The case has been compiled from published releases.

Further resources

Oppo fined Sh.5m for breaching data laws

The Decision

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