Victor Kibet Siele v Hotel Waterbuck Limited

Complaint upheld; compensation ordered. ODPC, 18 June 2024.

Record ID

ke-odpc-2024-0063

Case reference

ODPC Complaint No. 0478 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Victor Kibet Siele

Date decided

18 June 2024

Respondent type

private

Sector

public services

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.29 DPA 2019, s.30 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 500,000 (≈ USD 3,790 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 a00df01f462a4256…

Record verified

30 July 2026

The facts

The complainant alleged Hotel Waterbuck Limited processed his image without consent for marketing on its website, using a photo taken while he worked as the respondent's receptionist and continuing after his employment ended. The respondent pulled the image down and argued he had never objected while employed and had been paid throughout, but the Office found the requisite consent was never obtained.

Orders and outcome

The respondent was found liable for using the complainant's image commercially without express consent and directed to compensate him Kshs. 500,000 for the continued use of his image after he left employment. Dated 18 June 2024.

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

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