The Complainant alleged that the Respondent made a poster advertising various job opportunities in its establishment. The said advertisement poster contained the Complainant's image taken during her admission to the Bar of Advocates. The Complainant alleged that her image was used without her consent hence violating her privacy rights.
The Data Commissioner held that the Respondent did not infringe on the Complainant's rights under the Data Protection Act, therefore the complaint is dismissed for lack of merit, and Parties have the right to appeal this determination to the High Court of Kenya within thirty (30) days.
The Office of the Data Protection Commissioner (ODPC) found the respondent in breach of various sections of the Act, ruling that the complainant had the right to be informed, access personal data, and object to data processing. The respondent failed to prove consent for processing personal data and didn't respond to the complaint. Thus, the ODPC held the respondent liable for unlawfully deducting funds and infringing the complainant's rights. Consequently, the respondent was ordered to refund the deducted amount, pay compensation for infringement, and provide documents related to the disputed loan application.