E.K.M v Bvb Lounge Meru

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 27 May 2024.

Record ID

ke-odpc-2024-0051

Case reference

ODPC Complaint No. 341 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

E.K.M

Date decided

27 May 2024

Respondent type

private

Sector

general

Violations

unauthorised image/photo use, commercial use of personal data, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.30 DPA 2019, s.40(1)(b) DPA 2019, s.56 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 800,000 (≈ USD 6,100 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 a1097d321a50fa66…

Record verified

30 July 2026

The facts

The complainant, identified in the determination as E.K.M, alleged BVB Lounge Meru used his image for commercial purposes on its social media pages without his consent. The Office found the respondent also denied him his right of erasure by failing to pull down all the images when requested.

Orders and outcome

The respondent was found liable, an enforcement notice was issued, and it was ordered to pay KES 800,000 as compensation. The prayer for special damages of KES 1,500,000 for loss of business was denied for want of evidence. Dated 27 May 2024.

GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

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