| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25(a), 28(1), 29, 37(1), 41, 65, of the Data Protection Act, 2019; Article 31 of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 17 October 2023 |
| Decided: | 14 January 2024 |
| Published: | Yes |
| Fine: | Kes.750,000/= |
| Parties: | Allan Tirop vs. Port Florence Community Hospital |
| Case No.: | 2101 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Port Florence Community Hospital (the “Respondent”) utilized the Complainant's image on its social media platform without obtaining prior consent. Consequently, a compensation order amounting to Kes.750,000/= was issued against the Respondent.
Alla Tirop (the “Complainant”) filed a complaint against a Respondent for allegedly using the data subject's image on their social media page without obtaining the necessary consent..
The Complainant sought legal remedies, including a declaration of privacy rights violation, financial restitution, and an enforcement notice.
The Respondent was duly notified and provided with an adequate opportunity to respond, however, they failed to comply within the stipulated timeframe.
Consequently, the Respondent failed to present evidence of acquiring consent for the publication of the Complainant's image.
Consequently, the ODPC determined that the respondent had violated the Complainant's rights under the Act, specifically the right to privacy and consent.
The ODPC also discovered that the Respondent failed to meet its obligations under the Act by continuing to use the complainant's image despite the complaint being filed with it.
The Act's remedies were explored by the ODPC, including the data subject's right to compensation.
The ODPC refrained from issuing a declaration of privacy rights infringement, as such a determination falls within the exclusive purview of the High Court.
The Complainant was deemed eligible for remedies in accordance with the Act and its accompanying regulations.
The ODPC held that: