Contents

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

Summary

Miguel Ventures (the “Respondent”) was found liable for privacy violations and fined KES.750,000/=, when it posted an individual's image on their social media without consent and failing to remove it upon request.

Facts

The case involves a complaint where the Respondent posted the Complainant's images on its social media platforms and disregarded her request to remove the images.

The Complainant provided evidence of the images being posted and her unsuccessful attempts to have them taken down.

The Respondent was notified of the complaint but did not respond. As a result, the determination was made based on the evidence provided by the Complainant.

It was found that the Respondent violated the Complainant's rights under the Data Protection Act by failing to remove the images despite the Complainant's request. Consequently, the Respondent was ordered to compensate the Complainant with KES 750,000 for the unauthorized use of her image for commercial gain and the infringement of her privacy rights.

Holding

The ODPC held that:

• The Respondent is liable for using the Complainant's image for commercial gain without her consent.
• The Respondent is liable for failing to pull down the Complainant's image upon the Complainant’s request, thereby violating her rights under the Act and denying her the opportunity to exercise her right of erasure.
• The Respondent is ordered to compensate the Complainant KES. 750,000 for the unauthorized use of her image and for the infringement and/or violation of her privacy rights.

Comment

The full text of the ruling is available below.