| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 30 of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 16 November 2023 |
| Decided: | 13 Feebruary 2024 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Diana Hashina Ambani vs. Acakoro Football Club |
| Case No.: | 2369 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Acakoro Football Club (the “Respondent”) was found not to have violated the provisions of the Data Protection Act related to lawful use. It was proven that the club used the images of the Complainant with approval, through a license issued under a contract executed by the Complainant's guardian.
Diana Hashina Ambani (the “Complainant”) was a minor in 2014 when her guardian entered into a contract with Acakoro Football Club (the “Respondent”), a charity set up for the benefit less fortunate children, authorising the use of her image in promotion of her club activities.
The Complainant was a beneficiary of the activities of the Respondent.
In 2018, prior to her becoming an adult, her guardian entered into another contract of a similar nature with the club which was set to expire in 2022.
The Complainant, now an adult, filed a complaint with the ODPC alleging unauthorised use of her image in commercial activities by the Respondent, on the basis of the original 2014 contract.
The 2014 contract conferred upon the Respondent a perpetual license as regards the offending images.
The ODPC found that 2018 contract was indeed executed by the same person who ececuted the 2014 contract on behalf of the Complainant, and that the Respondent had failed to invalidate that 2018 contract. The Office therefore found that perpetual license granted in the 2014 contract persisted, and that the 2018 contract allowed for the commercial use of the images.
The ODPC held that:
The full text of the ruling is available below.