Christine Wairimu Muturi vs Roma School Uthiru

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Cases

Christine Wairimu Muturi vs Roma School Uthiru

Country: Kenya
Court: Office of the Data Protection Commissioner
Status: Determination
Tags: minors’ data,consen,data subject’s rights

Case Summary

Christine Wairimu Muturi filed a complaint with the Office of the Data Protection Commissioner (ODPC) on May 22, 2023, against Roma School Uthiru. As a parent, she alleged that the Respondent intended to process images of minors, including her daughter, on social media platforms like TikTok for marketing purposes without parental consent. The school informed parents via a WhatsApp group of its plan to post videos showcasing students’ talents but failed to provide a data protection policy or respond to parental objections. The ODPC notified the Respondent on June 9, 2023, and received a response on July 6, 2023, denying the allegations. Investigations confirmed the school’s social media activity involving minors’ images.

Issues for Determination

1. Whether the Respondent processed personal data relating to children in accordance with the Data Protection Act, 2019.

2. Whether the Respondent is in breach of the Act.

Determination

The ODPC determined that Roma School Uthiru violated multiple provisions of the Data Protection Act, 2019, including Sections 9, 25, 26, 29, 32, 33, and 34, by intending to process minors’ images on social media without obtaining parental consent or providing adequate safeguards. The school’s failure to cooperate fully with the ODPC and justify its actions further compounded the breach. The ODPC found the Respondent liable and ordered the issuance of an Enforcement Notice, with the parties retaining the right to appeal to the High Court of Kenya.

Analysis

This case emphasizes the stringent requirements for processing minors’ personal data under Section 33 of the Data Protection Act, 2019, which mandates parental consent and safeguards to protect children’s rights. The Respondent’s failure to obtain consent or respond to parental concerns about posting minors’ images on social media platforms violated multiple provisions of the Act, including the right to object under Section 26(c) and restrictions on processing of personal data under Section 34. The case highlights the heightened responsibility of data controllers when handling sensitive data of minors and the need for transparent policies and mechanisms to ensure compliance. It serves as a critical precedent for educational institutions to prioritize data protection in digital marketing activities.

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.