Malibu Pharmacy

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, 11 May 2024.

Record ID

ke-odpc-2024-0045

Case reference

ODPC Complaint No. 0280 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Date decided

11 May 2024

Respondent type

private

Sector

healthcare

Violations

unlawful processing

Provisions cited

s.25(a) DPA 2019, s.25 DPA 2019, s.44 DPA 2019, s.46 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 700,000 (≈ USD 5,300 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 a337254b3c6b6778…

Record verified

30 July 2026

The facts

The complainant ordered prescription medicine from Malibu Pharmacy, which was delivered with her name, number, house location, type of prescription and a wrong diagnosis tagged on the outside of the package, and her personal data was shared with third parties without her knowledge or consent. The ODPC noted that health data is sensitive data requiring a high degree of confidentiality and found the respondent acted negligently by not concealing the complainant's diagnosis.

Orders and outcome

The respondent was found liable for unlawfully processing the complainant's health data, ordered to compensate her KES 700,000, and an enforcement notice was issued against it. Dated May 2024.

HEALTHCARE · UNLAWFUL-PROCESSING · UPHELD

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