Fatuma Hadi Ali, suing on behalf of J.A.A (minor) v Nova Pioneer Kenya Limited
Complaint upheld; compensation ordered. ODPC, 21 June 2024.
The facts
The complainant, suing on behalf of her minor child, alleged that Nova Pioneer Kenya Limited used the child's image for commercial purposes on two billboards and on its website without consent. The complaint was received on 26 March 2024. The ODPC found the school liable for violating the minor's right to be informed of the use to which her personal data would be put and for using the data commercially without the parent's express consent, noting that children's personal data requires special protection because of their vulnerability.
Orders and outcome
An enforcement notice was issued against the respondent, and it was ordered to pay Kenya Shillings nine hundred and fifty thousand (KES 950,000) as compensation. The Office declined the Kshs. 4,500,000 the complainant had prayed for as inordinately high. Dated June 2024.
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