Automated Summary
Key Facts
The case involves a complaint by Sheila Lulu Okongo against Motown Group Limited for allegedly using her image without consent in a job advertisement. The respondent denied responsibility, stating the poster was not created by them. The Data Protection Commissioner found insufficient evidence to prove the violation, leading to the dismissal of the complaint for lack of merit.
Issues
- Whether there was an infringement of the Complainant's rights under the Data Protection Act, 2019
- Whether the Complainant is entitled to remedies under the Data Protection Act and its attendant regulations
Holdings
- The Respondent did not infringe on the Complainant's rights under the Data Protection Act, 2019.
- The complaint is dismissed for lack of merit as the Complainant failed to prove the Respondent published the poster containing her image.
- Parties have the right to appeal this determination to the High Court of Kenya within thirty (30) days of the date of this determination.
Legal Principles
The Office of the Data Protection Commissioner applied the legal principle of burden of proof, finding that the Complainant did not establish the Respondent's involvement in publishing the poster. This failure to meet the evidentiary threshold resulted in the dismissal of the complaint under the Data Protection Act, 2019.
Cited Statute
- Data Protection Act, 2019
- Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021
Judge Name
Immaculate Kassait
Passage Text
- 28. The Data Commissioner therefore makes the following final determination; i. The Respondent did not infringe on the Complainant's rights under the Act; ii. The complaint is dismissed for lack of merit; and
- 27. Having found that the Complainant did not prove her case in whether it was the Respondent who published the poster containing her image, the complaint is dismissed for lack of merit.
- 25. The Office therefore finds that the Complainant's rights under the Act were not violated.