Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

The ODPC was held to have breached Regulation 11(1) of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021 which requires the respondent to a complaint to make representations and provide any relevant material or evidence in support of its representations within twenty-one days. The ODPC was ordered to conduct a fresh hearing and determination of the complaint against the Applicant.

Facts

The Interested Party, Nancy Mugo, was aggrieved by the fact that the Ex-Parte Applicant, Miguel Ventures Limited, posted several images of her containing her personal data on its various social media platforms, including Facebook, Tiktok, and Instagram, without her consent.

In response to this, Nancy Mugo lodged a complaint [Nancy Mugo vs. Miguel Ventures Ltd ] with the Data Commissioner on October 9, 2023. The Data Commissioner then notified the Ex-Parte Applicant of the complaint by a letter dated November 15, 2023, asking for a response within 14 days.

With no response from the Ex-Parte Applicant, the matter proceeded as ODPC Complaint No. 1981 of 2023, resulting in an adverse decision against the Ex-Parte Applicant dated January 6, 2024.

The Ex-Parte Applicant is aggrieved that the notice period issued by the Respondent was shorter than the period required under the Data Protection Act, 2019 (the Act) and the Regulations thereunder.

As a result, the Ex-Parte Applicant filed an Application dated February 9, 2024, seeking certain orders related to the adverse decision against it.

The High Court held that the ODPC breached Regulation 11(1) of the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021 which requires the respondent to a complaint to make representations and provide any relevant material or evidence in support of its representations within twenty-one days.

Holding

The High Court held as under:

1. An order of Certiorari is issued quashing the proceedings in ODPC Complaint No. 1981 of 2023 and the consequential determination and/or decision dated 6th January 2024 in so far as it applies to the Ex Parte Applicant.
2. An order of Prohibition is issued prohibiting and/or restraining the Respondent and the Interested Party and/or anyone claiming under or through their authority including their officers, servant’s agent or anyone howsoever from enforcing the Respondent’s determination dated 6th January 2024.
3. An order of Mandamus is issued compelling the Respondent to conduct a fresh hearing and determination of the complaint against the Ex-parte Applicant and in strict observation of the Constitution and the law before making a determination.