Nickson Mudii v Arrow Facilities Ltd, 2023.
Case Law- Country
- Country Location
Latitude: 2.2319662848575907
Longitude: 37.627257845273796
- Country Location (linked Case Law)
- Kenya
- Decision Date
- Jan 22, 2024
- Case Status
- Closed
- Case Outcome (Procedural)
- Dismissed
- Inadmissible
- Case Outcome (Disposition)
- Access to Information Denied
- Judgment in Favor of Defendant/ Acquittal
- Keywords
- Privacy, Data Protection and Retention
- Court Name
- Office of the Data Protection Comissioner
- Case Number
- ODPC Complaint No. 2187 of 2023
- Case Summary
In the case of Ickson Mudii v Arrow Facilities Ltd, the complainant alleged that the respondent's website was using his images for advertising without his consent. The respondent argued that the complainant, as an employee, had been informed in 2019 that his images would be used for marketing purposes. However, the complainant terminated his employment, and in April 2022, demanded the removal of his images.
The issues addressed were whether the Office of the Data Commissioner had jurisdiction over the complaint and whether the complainant was entitled to any remedy. The analysis determined that since the acts in question occurred before the enactment of the Data Protection Act, the office had no authority to address the complaint. Therefore, it lacked the mandate to consider or grant any remedies to the complainant.
In conclusion, the complaint was dismissed due to the lack of jurisdiction of the Office of the Data Commissioner.
- Case Significance
The Data Protection Act 2019 cannot be applied retroactively
- Related Law
- Source URL
- OPDC complaint
- Collection
- CIPIT
- Date Updated
- Feb 19, 2024