| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25(4), 26 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | No violation |
| Started: | 19 October 2023 |
| Decided: | 15 January 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Sheila Lulu Okongo vs. Motown Group Ltd |
| Case No.: | 2134 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Motown Group Ltd (the “Respondent”) was found not to have violated the provisions of the Data Protection Act, 2019 when the Complainant failed to prove that the Respondent was responsible for the promotional product the subject of the complaint.
The Complainant alleged that the Respondent, advertised certain jobs in its establishment using promotional material bearing her image.
The Respondent acknowledged that they indeed were recruiting for personnel but denied having any knowledge of the poster and responsibility for it. Specifically, the Respondent averred that they never made the poster directly or indirectly through a third party or that it was used it on any of its media.
The ODPC dismissed the claim holding that it had not been proved by the Complainant.
The full text of the ruling is available below.
The claim was initially referred to arbitration which failed to resolve it.
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