| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25(4), 26, 30, 65 of the Data Protection Act, 2019; Clause 12(1)(b), 3(e) of the Data Protection General Regulations, 2021 |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 7 December 2023 |
| Decided: | 5 March 2024 |
| Published: | Yes |
| Fine: | KES.250,000/= |
| Parties: | Terrence Adriano vs. Swara Acacia Lodge Ltd |
| Case No.: | 2533 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
Swara Acacia Lodge Ltd was ordered to remove the Complainant's images from its social media pages and pay a sum of KES.500,000 to him when they used the Complainant's images for promotional purposes without his consent and failed to remove them from the site when requested to do so.
Terrence Adriano (the “Complainant”) was employed under a temporary contract by Swara Acacia Lodge Ltd (the “Respondent”). He alleges that during the course of hios employment with the Respondent, his photograph was taken and thereafter used in the Complainant's social media pages (specifically facebook) to promote the Respondent's business.
He alleged that he requested that the Complainant pulls down the images to no avail necessitating the Complaint to the ODPC.
The Repondent averred that the Complainant was indeed a former employee who had willingly participates in the photoshoot in question with full understanding of its implications. They also averred that the offending images had been pulled down once the request to that end was made by the Complainant.
The ODPC found that there was no proof of consent to use the images which were still available on the Respondent's website at the time of its investigation, notwithstanding the Respondent's assertions to the contrary.
The ODPC held that:
The full text of the ruling is available below.