On July 11, 2024, the Office of the Data Protection Commissioner (ODPC) published its decision in complaint No. 561 of 2024, as issued on June 30, 2024, in which it ordered Talanta Institute to pay KES 750,000 (approx. $5,745) as compensation for violating the Data Protection Act of 2019 (the Act) following a complaint.

Background to the decision

The complainant claimed that Talanta Institute, a school, had recorded videos of the complainant when they were a tutor at the school without the complainant's consent. The complainant stated that Talanta Institute later used the complainant's image on the school's social media platforms for marketing and advertising. Further, the complainant stated that Talanta Institute failed to comply with the complainant's request to stop using their image.

Findings of the ODPC

Following an investigation, the ODPC determined that Talanta Institute had violated:

• Section 32 of the Act by failing to obtain consent before processing the personal data of the complainant;
• Section 26(e) of the Act by failing to pull down the complainant's image upon their request; and
• Section 37(1) of the Act by using images of the complainant for commercial gain without obtaining express consent.

Outcomes

As a result of the above, the ODPC ordered Talanta Institute to pay the complainant KES 750,000 (approx. $5,745) as compensation. 

You can read the decision here.