Benson Odiwuor Otieno v Digital Regenesys Limited

Complaint upheld; compensation ordered; enforcement notice issued. ODPC, February 2025.

Record ID

ke-odpc-2025-0004

Case reference

ODPC Complaint No. 1903 of 2024

Jurisdiction

Kenya

Regulator

ODPC

Type

determination

Complainant

Benson Odiwuor Otieno

Date decided

February 2025

Respondent type

private

Sector

education

Violations

lack of consent, commercial use of personal data, unlawful data disclosure, unlawful processing

Provisions cited

s.25 DPA 2019, s.30 DPA 2019, s.37 DPA 2019, s.56 DPA 2019, s.58 DPA 2019, s.65 DPA 2019

Outcome

complaint upheld; compensation ordered; enforcement notice issued

Compensation

KES 200,000 (≈ USD 1,550 at the decision date)

Status

final

Source

Official document ↗

Source integrity

SHA-256 ce7af54034f8b44e…

Record verified

30 July 2026

The facts

The complainant alleged that Digital Regenesys Limited kept sending him unsolicited promotional messages without his knowledge or consent, despite his explicit and repeated objections including a formal cease and desist notice. The ODPC found the respondent processed his personal data unlawfully.

Orders and outcome

The respondent was found liable, ordered to delete the complainant's personal data from its systems, stop contacting him and provide proof to the Office within 7 days, an enforcement notice was issued against it, and it was ordered to pay him Kenya Shillings Two Hundred Thousand (KES 200,000) as compensation. Dated 11 February 2025.

CONSENT · DISCLOSURE · EDUCATION · UNLAWFUL-PROCESSING · UPHELD

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