Allan Tirop v Port Florence Community Hospital

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

Record ID: ke-odpc-2024-0018
Case reference: ODPC Complaint No. 2101 of 2023
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Allan Tirop
Date decided: January 2024
Respondent type: private
Sector: healthcare
Violations: unauthorised image use, lack of consent, commercial use of personal data, failure to respond to deletion request
Provisions cited: not specified in the source
Outcome: complaint upheld; compensation ordered; enforcement notice issued
Compensation: KES 750,000 (≈ USD 5,700 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 ff5faf390d215e55…
Record verified: 30 July 2026

The facts

The complainant alleged that Port Florence Community Hospital used his image on its social media page without his consent. The respondent failed to pull the image down for more than a year despite his demand and a notification of complaint from the ODPC. The Office found it liable for commercial use of his image without express consent and for infringing his right to deletion.

Orders and outcome

The respondent was ordered to compensate the complainant Kshs. 750,000 and an enforcement notice was issued against it. Dated January 2024.

HEALTHCARE · IMAGE RIGHTS · CONSENT · SOCIAL MEDIA · DELETION REQUEST

Cite this decision

ODPC (Kenya), Allan Tirop v Port Florence Community Hospital, ODPC Complaint No. 2101 of 2023, determination of January 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/port-florence-community-hospital-2/ (accessed 30 August 2026).

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