Grace Mwende Chambi v Cecilia Munyoro Ta Glam Bt Cess John Irungu Ta Veejaystudios

Complaint upheld; compensation ordered. ODPC, 2 February 2024.

Record ID

ke-odpc-2024-0019

Case reference

ODPC Complaint No. 2295 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Grace Mwende Chambi

Date decided

2 February 2024

Respondent type

private

Sector

media

Violations

unauthorised image/photo use, lack of consent, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 50,000 (≈ USD 380 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 c3bfe0311b910ec0…

Record verified

30 July 2026

The facts

The complainant sent demand letters to both respondents, a beauty business trading as Glam by Cess and a photography studio trading as Veejaystudios, asking them to remove photographs of her from their Instagram pages, and provided screenshots of her requests and of the images still posted. The ODPC found both respondents liable and directed them to put in place clear consent mechanisms, including for withdrawal of consent, for publishing data subjects' images on their social media pages.

Orders and outcome

The respondents were found liable and each ordered to pay the complainant Kshs. 25,000, and were guided to adhere to the data protection principles and data protection by design and by default. Dated 2 February 2024.

CONSENT · MEDIA · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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