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 23 October 2026).
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