Barbra Niiriri v Keptis Systems

Complaint upheld; enforcement notice issued. ODPC, 16 May 2024.

Record ID: ke-odpc-2024-0048
Case reference: ODPC Complaint No. 299 of 2024
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Barbra Niiriri
Date decided: 16 May 2024
Respondent type: private
Sector: general
Violations: unauthorised image/photo use, failure to respond to erasure request, unlawful processing
Provisions cited: s.25 DPA 2019, s.26(a) DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019
Outcome: complaint upheld; enforcement notice issued
Status: final
Source: Official document ↗
Source integrity: SHA-256 f824a352c388f2dd…
Record verified: 30 July 2026

The facts

The complainant alleged that on 16 November 2023 Keptis Systems posted a TikTok video featuring her on its TikTok page without her consent and initially refused to pull it down. The respondent deleted the video from its page during the proceedings, which was the only remedy she sought.

Orders and outcome

The respondent was found liable and an enforcement notice was issued against it, with guidance to put in place clear consent mechanisms before publishing a data subject's image on social media. Dated 16 May 2024.

GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

Cite this decision

ODPC (Kenya), Barbra Niiriri v Keptis Systems, ODPC Complaint No. 299 of 2024, determination of 16 May 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/keptis-systems/ (accessed 30 August 2026).

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