Victor Manga Munyua v Liquid Intelligent Technologies

Complaint upheld; compensation ordered. ODPC, 24 July 2024.

Record ID

ke-odpc-2024-0076

Case reference

ODPC Complaint No. 0608 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Victor Manga Munyua

Date decided

24 July 2024

Respondent type

private

Sector

technology

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.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 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 f5f22eb2ab6f39b0…

Record verified

30 July 2026

The facts

The complainant alleged that Liquid Intelligent Technologies used his image on its website for commercial gain without express consent. The respondent argued a model release form covered the use and that the image had been pulled down, but could not prove express consent, and had continued using the image on its website after the Act came into force.

Orders and outcome

The respondent was found liable for the use of the complainant's image for commercial purposes without express consent and ordered to pay Kshs. 500,000 as compensation. Dated 24 July 2024.

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

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