Liz Muthike Mukuzi v Video One Limited

Complaint upheld; compensation ordered. ODPC, 17 May 2024.

Record ID

ke-odpc-2024-0049

Case reference

ODPC Complaint No. 313 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Liz Muthike Mukuzi

Date decided

17 May 2024

Respondent type

private

Sector

general

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.26(a) DPA 2019, s.26 DPA 2019, s.28(2) DPA 2019, s.28(1) DPA 2019, s.29 DPA 2019, s.30 DPA 2019, s.37(1) DPA 2019, s.40(1)(b) DPA 2019, s.56(1) DPA 2019, s.56 DPA 2019, s.65(4) DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered

Compensation

KES 1,050,000 (≈ USD 7,950 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 cd3e8e1787ebeefa…

Record verified

30 July 2026

The facts

The complainant alleged that Video One Limited illegally displayed a private and intimate photographic image of her for commercial purposes, which came to her knowledge around 18 November 2023. The ODPC found the respondent violated her right to be informed and denied her right of erasure by failing to take the image down when she notified it.

Orders and outcome

The respondent was found liable and ordered to pay the complainant KES 1,050,000 as compensation, with guidance to put clear consent mechanisms in place before using data subjects' images commercially. Dated May 2024.

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

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