The complainant alleged that Hotel Tobriana obtained images and videos of him, his wife and their guests during their wedding and used them in branded, personalised advertisements without consent. The respondent declined or neglected to pull the material down from its Facebook and Instagram accounts after he exercised his right of erasure, and it remained online as at the date of the determination. The ODPC found the respondent violated his right of erasure, failed to fulfil its duty to notify, and used his personal data commercially without express consent.
Orders and outcome
The respondent was directed to erase the complainant's personal data, including images and videos, from its Facebook and Instagram accounts within fourteen days of service, ordered to pay him Kenya Shillings Seven Hundred and Fifty Thousand (KES 750,000) as compensation, and an enforcement notice was issued. Dated 22 January 2025.
CONSENT · GENERAL · RIGHT-TO-ERASURE · UNLAWFUL-PROCESSING · UPHELD
Cite this decision
ODPC (Kenya), Richard Wafula v Hotel Tobriana, ODPC Complaint No. 1708 of 2024, determination of 22 January 2025. African Data Protection Enforcement Tracker, Law Lab Africa Research, https://research.lawlab.africa/tracker/kenya/odpc/2025/hotel-tobriana/ (accessed 30 August 2026).