Terrence Adriano v Swara Acacia Lodge Ltd

Complaint upheld; compensation ordered; enforcement notice conditional. ODPC, 5 March 2024.

Record ID

ke-odpc-2024-0027

Case reference

ODPC Complaint No. 2533 of 2023

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Terrence Adriano

Date decided

5 March 2024

Respondent type

private

Sector

general

Violations

unauthorised image/photo use, commercial use of personal data, failure to respond to erasure request, unlawful processing

Provisions cited

s.25 DPA 2019, s.26 DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.32 DPA 2019, s.40(1)(b) DPA 2019, s.40(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

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 pay the complainant Kenya Shillings Two Hundred and Fifty Thousand (Kshs. 250,000) as compensation. The prayer for reimbursement of legal fees was denied for lack of evidence, and the respondent was directed to put in place clear consent mechanisms with provision for withdrawal of consent. Dated March 2024 with the day illegible in the scan.

GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD

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