Terrence Adriano v Swara Acacia Lodge Limited

Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, March 2024.

Record ID: ke-odpc-2024-0056
Case reference: ODPC Complaint No. 2533 of 2023
Jurisdiction: Kenya
Regulator: ODPC
Type: determination
Complainant: Terrence Adriano
Date decided: March 2024
Respondent type: private
Sector: hospitality
Violations: failure to honour right to erasure, continued processing after withdrawal of consent
Provisions cited: not specified in the source
Outcome: complaint upheld; compensation ordered; enforcement notice conditional
Compensation: KES 250,000 (≈ USD 1,890 at the decision date)
Status: final
Source: Official document ↗
Source integrity: SHA-256 5ab998e7cd6c5fd6…
Record verified: 30 July 2026

The facts

The complainant alleged Swara Acacia Lodge Limited used his image for commercial purposes on its social media page without his consent. The ODPC found the respondent liable for violating his right of erasure.

Orders and outcome

The respondent was ordered to erase the complainant's image from its Facebook page within seven days, failing which an enforcement notice would issue, and to compensate him Kshs. 250,000. The prayer for reimbursement of legal fees was denied for want of evidence. Dated March 2024.

RIGHT TO ERASURE · IMAGE RIGHTS · EMPLOYMENT · SOCIAL MEDIA · CONSENT WITHDRAWAL

Cite this decision

ODPC (Kenya), Terrence Adriano v Swara Acacia Lodge Limited, ODPC Complaint No. 2533 of 2023, determination of March 2024. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2024/swara-acacia-lodge-limited/ (accessed 30 August 2026).

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