Ann Wanjiru Irungu v Lintons Academy

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 28 March 2024.

Record ID

ke-odpc-2024-0030

Case reference

ODPC Complaint No. 0010 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Ann Wanjiru Irungu

Date decided

28 March 2024

Respondent type

private

Sector

education

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.32 DPA 2019, s.36 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 750,000 (≈ USD 5,680 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 06a716a3106e51d1…

Record verified

30 July 2026

The facts

The complainant alleged Lintons Academy used her image on its social media platform without her consent. The Office found the image was used both on the respondent's social media pages, which have over 40,000 followers, and on printed banners, and that the respondent had not pulled down all of her images even after the complaint, the notification letter and ongoing investigations, though it erased some of her personal data.

Orders and outcome

The respondent was found liable, ordered to pay the complainant Kenya Shillings Seven Hundred and Fifty Thousand (Kshs. 750,000) as compensation, and an enforcement notice was issued against it. Dated 28 March 2024.

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

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