| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 2, 52(1)(b) of the Data Protection Act, 2019 |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 14 April 2023 |
| Decided: | 12 July 2023 |
| Published: | N/A |
| Fine: | N/A |
| Parties: | Vishal Shah & 4 Others vs. Cyprian Nyakundi |
| Case No.: | 0670 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
An article published online was made in the public interest but the author is not entitled to the protections under Part VII of the DPA19 because he is not a journalist.
It was alleged, by Vishal Shah and 4 Others individually through independent complaints filed with the ODPC (altogether referred to as “the Complainants”), that the Respondent wrote and posted an article on his website concerning the Complainants. The article contained the Complainant's personally identifiable information namely, names and telephone numbers. None of the Complainants had consented to the publication of their personal data in that manner or at all.
The Respondent reacted to the complaints dismissively and never issued a substantive response to the allegations. It was noted by the ODPC on investigation, that the Respondent was not a journalist and was not registered with any of the media associations. The Respondent was therefore not entitled to any of the protections offered by Part VII of the DPA19 which contains exemptions, in relation to journalism, literature and art, from the application of the DPA19.
The ODPC held that whereas the matters the subject of the compliant were published in the public interest, the complaints were criminal in nature. The ODPC therefore referred the matter to the Directorate of Criminal Investigations.
The full text of the ruling is available below.
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