Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

The case involved a minor's guardian suing Friends School Keveye Girls for unlawfully disclosing a video of the minor's punishment on social media. The school argued the video was for internal use and denied public dissemination. The ODPC found the school violated data minimization and lacked lawful basis for processing the personal data, issuing an Enforcement Notice.

Facts

Hilda Musimbi Anyama, on behalf of a minor (LK), alleged that Friends School Keveye Girls High School unlawfully processed and disclosed the minor's personal data to third parties. This was done without the Complainant's knowledge, express consent, or any lawful justification, violating the principles of data protection. The Complainant, as the legal guardian, stated she was solely responsible for facilitating the minor's admission to the school.

Specifically, the Complainant contended that:

• The Respondent's Deputy Head Teacher recorded a video of the minor serving a punishment in accordance with school regulations.
• The Respondent caused this video to be posted on social media, specifically Facebook and Twitter (X), leading to its widespread exposure and compromising the minor's identity and circumstances.
• The publication of the video constituted a grave violation of the minor's right to privacy and subjected her to public ridicule .
• The Complainant asserted that the minor's punishment may have been warranted, but there was no justification or lawful basis for the online exposure through the video's dissemination .
• Evidence adduced by the Complainant included the video itself, screenshots of the viral video from social media, a copy of the minor's birth certificate, and WhatsApp conversations with the minor's class teacher on the issue .

Friends School Keveye Girls High School submitted a response to the Notification of Complaint . They maintained that they had a lawful basis for processing the minor's personal data .

The Respondent pleaded:

• They did not have an account or participate in any social media activities on sites like Facebook or Twitter (X) .
• They categorically denied having published or disseminated the said video on Facebook and Twitter (X) .