Nickson Mudii v Arrow Facilities Ltd

Complaint dismissed. ODPC, 22 January 2024.

Record ID

ke-odpc-2024-0014

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Nickson Mudii

Date decided

22 January 2024

Respondent type

private

Sector

real estate

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.56 DPA 2019

Outcome

complaint dismissed

Status

final

Source

Official document ↗

Source integrity

SHA-256 e70105ea62407068…

Record verified

30 July 2026

The facts

The complainant, a former team supervisor at Arrow Facilities, alleged he was photographed without his express consent while on duty and that his image was then used by the company. The ODPC held it has no mandate over acts that occurred before the Data Protection Act came into force on 25 November 2019, declining to apply the law retrospectively, and noted that when he objected the respondent pulled the image down from its website.

Orders and outcome

The complaint was dismissed. Dated 22 January 2024.

CONSENT · DISMISSED · REAL · REAL-ESTATE · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

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