Nickson Mudii v Arrow Facilities Ltd Type of Complaint: Official - (Under Complaints - Official Tab) Case number: ODPC Complaint No. 2187 of 2023 Forum: Office of the Data Protection Commissioner Status: Determination Tags: data protection, privacy breaches

Facts The Complainant avers that on the 15th Day of April 2022 whilst browsing the internet he came across the Respondent’s website where his images were being used to advertise the Respondent’s services.

The Respondent counter argued that the Appellant being an employee was notified on 3rd August 2019 that employee’s images were to be taken later that day and be used for marketing purposes. The complainant terminated his employment and on 15th April 2022, the Respondent received a demand letter requesting for all of the Complainant’s images to be pulled down. Issues Whether the Office of the Data Commissioner has jurisdiction? Whether the complainant is entitled to any remedy? Rule Laws do not apply retrospectively.

Analysis Issue 1 The Court found that the office and or authority had no authority to determine the complaint as the acts occurred before 25th November 2019 the enactment of the Data Protection Act.

Issue 2 The Court reasoned that because it had no mandate it has no powers to consider or grant the remedies sought by the Complainant.

Conclusion The Complaint is dismissed.