| Authority: | ODPC - Kenya |
|---|---|
| Jurisdiction: | Kenya |
| Relevant law: | Section 25, 26 of the Data Protection Act, 2019; Regulation 12 of the Data Protection (General) Regulations. |
| Type: | Complaint |
| Outcome: | No violation |
| Started: | 21 August 2023 |
| Decided: | 16 November 2023 |
| Published: | Yes |
| Fine: | N/A |
| Parties: | Adema Sangale vs. Zoscales Partners |
| Case No.: | 1514 of 2023 |
| Appeal: | N/A |
| Original Source: | ODPC |
| Original contributor: | MZIZI Africa |
The Data Regulator dismissed a claim against Zoscales Partners (the “Respondent”) after it established that the Respondent promptly removed a video featuring the Complainant from its website once the issue was brought to their attention. By swiftly removing the offending video, the ODPC established that they fulfilled their obligations under the DPA Act.
Adema Sangale (the “Complainant”) alleged that Zoscales Partners (the “Respondent”) created and disseminated a video through its website containing his image which video misrepresented his role and position in the company.
The Complainant worked as a undraising consultant with the firm until her resignation, and alleges that the Respondent continued to use her image in the video to support its fundraising activities.
The Complainant sought for a withdrawal of the offending video from circulation and punitive damages.
The ODPC noted that the Complainant signed the employment agreement in Addis Ababa but that the Complainant is Kenyan. The agreement also vested all IP derived from the Complainant's work while in the course of employment, to the Respodent.
The Data Regulator found that the Respondent removed the offending video, and therefore the Complainant's personal data, from its website once the issue was brought to their attention and thereby fulfilled its obligations under the DPA Act.
The ODPC held that:
The full text of the ruling is available below.