unauthorised image/photo use, lack of consent, commercial use of personal data, failure to prevent data breach, failure to respond to erasure request, unlawful processing
The complainant alleged that a video of her was published and circulated without her prior consent and that the respondents benefitted financially without compensating her. The ODPC dismissed the complaint against the National Social Security Fund, finding it not liable for the actions of the second respondent, Off Grid Concepts Limited, which caused the video to be played on various national TV stations including NTV and KTN. Her prayer for legal expenses was denied because costs are not a remedy under the Act, and her compensation claim was reduced as inordinately high.
Orders and outcome
The complaint against the first respondent was dismissed. The second respondent was found liable and ordered to pay the complainant Kenya Shillings four hundred and fifty thousand (KES 450,000) as compensation for unlawful processing, the order issuing against it solely and not jointly. Dated September 2024.
ODPC (Kenya), Christine Ocholla v National Social Security Fund and Off Grid Concepts Limited, ODPC Complaint No. 817 of 2024, determination of 6 September 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/national-social-security-fund-and-off-grid-concepts-limited/ (accessed 30 August 2026).