Hilda Mwangi, suing as legal guardian of MN (minor) v Edgar Obare

Complaint dismissed. ODPC, 14 June 2024.

Record ID

ke-odpc-2024-0061

Case reference

ODPC Complaint No. 0453 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Hilda Mwangi, suing as legal guardian of MN (minor)

Date decided

14 June 2024

Respondent type

individual

Sector

general

Alleged 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.28 DPA 2019, s.30 DPA 2019, s.33 DPA 2019, s.37 DPA 2019, s.40(1)(b) DPA 2019, s.56 DPA 2019

Outcome

complaint dismissed

Status

final

Source

Official document ↗

Source integrity

SHA-256 c05a8e5a78bf3d1f…

Record verified

30 July 2026

The facts

The complainant, suing as legal guardian of a minor, alleged Edgar Obare used the minor's image for commercial purposes on a Telegram channel he allegedly ran. The ODPC found the minor's image was deleted and pulled down from the channel, that the respondent did not violate the minor's right to erasure, and that the minor's personal data was not processed unlawfully.

Orders and outcome

The complaint was dismissed, with the right of appeal to the High Court of Kenya within thirty days. Dated June 2024.

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

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