Wendy Mwatha & 2 others v Accessorize With Style

Complaint upheld; compensation ordered. ODPC, 22 April 2024.

Record ID

ke-odpc-2024-0041

Case reference

ODPC Complaint No. 0151 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Wendy Mwatha, Winnie Wanja and Annah Mburu

Date decided

22 April 2024

Respondent type

private

Sector

general

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 1,500,000 (≈ USD 11,360 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 66e7fec2ea567d67…

Record verified

30 July 2026

The facts

Three complainants alleged that Accessorize With Style continued to use their images for branding and advertising after their contract had lapsed. The Office found their images were used in the respondent's in-store branding for commercial purposes without express consent, and noted the alleged contract was never adduced, so the duration of the infringement could not be ascertained.

Orders and outcome

The respondent was found liable and ordered to pay each complainant Kenya Shillings Five Hundred Thousand Shillings (Kshs. 500,000), a total of Kenya Shillings One Million, Five Hundred Thousand Shillings (Kshs. 1,500,000). It was also directed to ensure data subjects are notified when their personal data is collected and that express consent is obtained, especially for commercial use. Dated 22 April 2024.

CONSENT · GENERAL · UNLAWFUL-PROCESSING · UPHELD

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