Nancy Mugo v. Miguel Ventures

Cases Detail

Cases

Nancy Mugo v. Miguel Ventures

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: data protection,privacy breaches,image rights,unauthorized image use,consent

 Case Summary

The case involves a complaint filed with the Office of the Data Protection Commissioner in Kenya. The complaint was received on 9th October 2023 against the respondent, Miguel Ventures, by the complainant, Nancy Mugo. The core allegation was that the respondent posted the complainant's image on its social media platforms without her consent and subsequently ignored her request to have the image removed.

The case details the legal basis for data protection in Kenya, emphasising the rights of individuals to privacy and the responsibilities of data controllers and processors. It mentions relevant regulations and sections of the Data Protection Act, 2019, that govern the handling of complaints and enforcement procedures. The complainant provided evidence in the form of screenshots showing her images on the respondent's social media site in April 2023. Despite attempts to contact the respondent to remove the images, there was no response. The respondent was served a notification on 15th November 2023 but failed to provide any response to the allegations.

The issues for determination by the Data Protection Commissioner include assessing whether there was a violation of the complainant's rights under the Act and determining if the complainant is entitled to any remedies as per the regulations. The case underscores the importance of data protection, the rights of data subjects, and the obligations of data controllers and processors to adhere to data protection laws. 

Issues for determination

The issues for determination in the case include:

  1. Whether there was a violation of the complainant's rights under the Data Protection Act.
  2. Whether the complainant is entitled to any remedies under the Act and the accompanying regulations.

Determination

The Commissioner determined that there was a violation of the complainant's rights under the Data Protection Act and that the complainant was entitled to the remedies under the Act and the relevant regulations. 

Analysis

The complaint, received on 9th October 2023, accused the respondent of posting the complainant's image on its social media pages without consent and failing to remove it upon request. This case finds its legal basis in the Data Protection Act, 2019, which focuses on safeguarding personal data and offering remedies for data subjects in case of violations.

The nature of the complaint revolved around the respondent allegedly sharing the complainant's images on social media and disregarding requests for removal. Supporting evidence included screenshots of the unauthorised posts. Despite being notified, the respondent remained silent on the allegations and notification.

Key issues for determination included assessing potential breaches of the complainant's rights under the Data Protection Act and determining if the complainant is eligible for any remedies as per the Act and its associated regulations. The legal foundation of this case lies within the Constitution of Kenya, emphasising the right to privacy, and the Data Protection Act, 2019, which entrusts the Office of the Data Protection Commissioner with overseeing personal data processing and safeguarding individuals' privacy.

This case underscores the significance of data protection and the rights of data subjects. The forthcoming decision by the Data Protection Commissioner will be pivotal in determining any breaches of the Data Protection Act and establishing necessary remedies for the complainant. In essence, this analysis offers a comprehensive overview of the case's critical aspects based on the information outlined in the provided document.

Frequently Asked Questions

Frequently Asked Questions

A data subject is a natural person who is the subject of personal data held by a controller and who can be identified, directly or indirectly, through that personal data.

Each data subject has the right:

  • to be informed whether or not his or her personal data is being processed,
  • to request information about the processing, if data has been processed,
  • to be informed of the purpose of the processing and whether the data is being used in accordance with those purposes,
  • to be informed about third parties who receive personal data in Kenya and abroad,
  • to request the rectification of incomplete or inaccurate processed data, and
  • to request the erasure or destruction of personal data.

Data processing refers to any operation performed on personal data, either entirely or partially, automatically or manually. This includes collection, recording, storage, preservation, modification, revision, disclosure, transmission, assignment, making available, classification, or prevention of use.

Data controller: is a natural or legal person who determines the purposes and means of personal data processing and is accountable for the data filing system's establishment and administration.

Data processor: is a natural or legal person that processes personal data on the basis of a data controller's authorization.

The data controller or processor is required to provide the following information: the purpose of the processing, the recipients of the processed data and the purpose of the transfer, the method used to collect personal data and its legal basis, and any other rights granted to the data subject by law.

The principles governing data processing are as follows: it must be processed fairly and lawfully, it must be accurate and up to date, it must be processed for specified, explicit, and legitimate purposes, it must be adequate, relevant, and not excessive in relation to the purposes for which it is processed, and it must be retained for the duration specified by law or for no longer than is necessary for the subsequent processing.

A Data Protection Impact Assessment can be used to identify and mitigate high risks associated with data processing that may impact the rights and freedoms of data subjects.

A data controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of processing of personal data. On the other hand, a data processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the data controller.