Toivo Kiai Muhuga v Talanta Institute

Complaint upheld; compensation ordered. ODPC, 30 June 2024.

Record ID

ke-odpc-2024-0068

Case reference

ODPC Complaint No. 0561 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Toivo Kiai Muhuga

Date decided

30 June 2024

Respondent type

private

Sector

general

Violations

unauthorised image/photo use, lack of consent, commercial use of personal data, failure to prevent data breach, 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.37 DPA 2019, s.40 DPA 2019, s.56 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 750,000 (≈ USD 5,680 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 31806a9ac8eb2b2b…

Record verified

30 July 2026

The facts

The complainant, through his advocates, complained that Talanta Institute used his image for commercial purposes without consent and failed to pull it down on request. The ODPC found the respondent liable, taking into account the continuous infringement as at the date of the determination and the commercial use of his image.

Orders and outcome

The respondent was found liable for using the complainant's image for commercial gain without consent and failing to pull it down on request, and was ordered to compensate him KES 750,000 and to delete the video containing his image from its Facebook page along with all his records in its possession. Dated 30 June 2024.

CONSENT · DATA-BREACH · DISMISSED · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING

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