Nancy Mugo v Miguel Ventures Limited

Complaint upheld; compensation ordered. ODPC, 28 June 2024.

Record ID

ke-odpc-2024-0067

Case reference

ODPC Complaint No. 0730 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Nancy Mugo

Date decided

28 June 2024

Respondent type

private

Sector

general

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.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.62 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 1,200,000 (≈ USD 9,090 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 f761377929e33628…

Record verified

30 July 2026

The facts

The complainant alleged that Miguel Ventures Limited posted her image on its social media pages without her consent and failed to pull it down when asked. The ODPC found the respondent liable for using her image for commercial gain without consent and for failing to remove it on request, treating the year-long continued use as a continuing breach.

Orders and outcome

The respondent was ordered to compensate the complainant KES 1,200,000 and to delete her image from its Facebook page and any other social media pages where it was used commercially. Dated 28 June 2024.

CONSENT · DISMISSED · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

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