| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 37(1)(a), 26 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 24 January 2024 |
| Decided: | 22 April 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Wendy Mwatha & 2 Others |
| Case No.: | 151 of 2024 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Accessorize with Style (the “Respondent”) were found liable for violating the provisions of the DPA,19 when they used the Complainants' images for a commercial benefit without first obtaining the consent of the Complainants, and fined Kes.1,500,000/-
The Complainants, and each of them, were models asigned to work with the Accessorize with Style (the “Respondent”) under contracts that expired in 2020.
The Respondent however continued to use the Complainants images in campaigns notwithstanding the fact that the underlying contract was no longer in force having expired as aforesaid. The 2nd Complainant averred that since the campaign, she had accepted employment as a cabin crew member and the continued use of the images stood to jeopardise that engagement, due to conflict of interest issues.
The Complainants sought damages in the cummulative sum of Kes.6.3million.
The Respondent averred that they contracted an agency for its inshore campaign and had no direct dealings with the Complainants. They also averred that they had started a de-brand of its stores to remove the offending images.
The ODPC confirmed that the images were still in use at the time of filing of the complaint with them and that there was no evidence of consent by the Complainants to the use of the images. The ODPC found that the use of the photos were commercial.
The ODPC held that:
The full text of the ruling is available below.