| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 8(f), 9, 25, 26, 27(a), 29, 32, 33, 34, 56 of the DPA,19; Article 53(2) of the Constitution of Kenya |
| Type: | Complaint |
| Outcome: | Violation |
| Started: | 22 May 2023 |
| Decided: | 11 August 2023 |
| Published: | 26 September 2023 |
| Fine: | Kes.4,550,000/- |
| Parties: | Christine Wairimu Muturi vs. Roma School Uthiru |
| Case No.: | 0841 of 2023 |
| Appeal: | Roma School Uthiru vs. Data Protection Commissioner; Muturi (Interested Party)(Judicial Review E165 of 2023) [2024] KEHC 3927 (KLR) (Judicial Review) |
| Original Source: | ODPC |
| Original contributor: | Margaret Odhiambo |
Roma School was fined Kes. 4,550,000/- for posting minors’ pictures without parental consent.
Roma School (the ‘Respondent’) is an educational institution based in Uthiru, Kenya. The school uploaded the images of their students onto their social media handle more specifically Tiktok, for the purposes of marketing the school. The Respondent did not obtain Christine Wairimu Muturi's (the ‘Complainant’) consent to post the images. The Complainant requested the school to provide her, and other parents, with details of corrective measures to include a data privacy policy, in an effort to resolve the situation to no avail which necessitated the complaint.
The Respondents were fined 4,550,000 for posting images of children without parental consent.
The school tried the subvert the will of the parents as regards the children's rights and missed an opportunity to resolve the issue without referenceto the ODPC's office
The Ruling has been the subject of a Review application at the High Court | Roma School Uthiru vs. Data Protection Commissioner; Muturi (Interested Party)(Judicial Review E165 of 2023) [2024] KEHC 3927 (KLR) (Judicial Review)
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