Rhone Otieno v 1824 Whiskey Bar Lounge

Complaint dismissed. ODPC, 20 February 2024.

Record ID: ke-odpc-2024-0025
Case reference: ODPC Complaint No. 2443 of 2023
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Rhone Otieno
Date decided: 20 February 2024
Respondent type: private
Sector: general
Violations: unauthorised image/photo use, lack of consent, commercial use of personal data, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.56 DPA 2019
Outcome: complaint dismissed
Status: final
Source: Official document ↗
Source integrity: SHA-256 cddd68f8f63eff2a…
Record verified: 30 July 2026

The facts

The complainant alleged that 1824 Whiskey Bar and Lounge used a video containing his image for marketing on a TikTok page he said the respondent operated. He could not conclusively prove the page was run by the respondent, and the video was pulled down from the page.

Orders and outcome

The complaint was dismissed and compensation declined. The Office directed the respondent to always seek express consent from clients before posting on its social media pages, failing which administrative fines could be imposed, and noted it can conduct periodic inspection and compliance audits. Dated 20 February 2024.

CONSENT · DISMISSED · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

Cite this decision

ODPC (Kenya), Rhone Otieno v 1824 Whiskey Bar Lounge, ODPC Complaint No. 2443 of 2023, determination of 20 February 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/1824-whiskey-bar-lounge/ (accessed 30 August 2026).

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