Tabitha Mwaniki v Rose Gatabai Ta Tiara Nail Spa

Complaint dismissed. ODPC, 16 April 2024.

Record ID

ke-odpc-2024-0036

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Tabitha Mwaniki

Date decided

16 April 2024

Respondent type

individual

Sector

general

Violations

unauthorised image/photo use, unlawful processing

Provisions cited

s.25 DPA 2019, s.51(2)(b) DPA 2019, s.51 DPA 2019, s.56 DPA 2019

Outcome

complaint dismissed

Status

final

Source

Official document ↗

Source integrity

SHA-256 b8d7ec646adfe074…

Record verified

30 July 2026

The facts

After the respondent dismissed the complainant from employment at Tiara Nail Spa Nakuru, she posted a public notice with the complainant's photo on the business's Instagram and Facebook pages stating that she no longer represented the company. The Office found the notice served the public interest and indemnified the respondent against liability arising from the complainant's actions after termination, so the respondent acted within the law, and noted the notice and all photos and videos of the complainant had since been deleted from the platforms.

Orders and outcome

The complaint was dismissed with no remedy due. Dated 16 April 2024.

DISMISSED · GENERAL · UNLAWFUL-PROCESSING

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