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Kenya: ODPC orders MIGUEL VENTURES to pay KES 1.2M for processing data without consent
On July 11, 2024, the Office of the Data Protection Commissioner (ODPC) published its decision in complaint No. 730 of 2024, as issued on June 28, 2024, in which it ordered MIGUEL VENTURES LIMITED to pay KES 1.2 million (approx. $9,380) as compensation for violating the Data Protection Act following a complaint.
Background to the decision
The complainant claimed that MIGUEL VENTURES had used her images for commercial advertisements on social media pages without the complainant's consent. The claimant also stated that MIGUEL VENTURES did not comply with a request by the complainant to remove the images from its social media platforms.
Findings of the ODPC
After an investigation, the ODPC determined that MIGUEL VENTURES had violated:
- Sections 32 and 40(1)(b) of the Act by failing to pull down the complainant's images upon their request;
- Section 26(a) and (e) of the Act by failing to inform the complainant that their image would be used for marketing purposes; 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 MIGUEL VENTURES to pay the complainant KES 1.2 million (approx. $9,380) as compensation.
You can read the decision here.
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