Elijah Kariuki Mbuthia v St. Joseph Health Centre

Complaint upheld; compensation ordered. ODPC, 12 August 2024.

Record ID

ke-odpc-2024-0077

Case reference

ODPC Complaint No. 0627 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Elijah Kariuki Mbuthia

Date decided

12 August 2024

Respondent type

private

Sector

healthcare

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.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 500,000 (≈ USD 3,790 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 074b83b5bd7c87fd…

Record verified

30 July 2026

The facts

The complainant alleged that St. Joseph Health Centre used his image on a public signpost and in various print media, including calendars and a local hospital publication, for commercial gain without express consent. The ODPC found the requisite consent had not been obtained.

Orders and outcome

The respondent was found liable for the use of the complainant's image for commercial purposes without express consent and ordered to pay Kshs. 500,000 as compensation. Dated 12 August 2024.

CONSENT · HEALTHCARE · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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