Club Legend Rongai has been ordered to pay Ksh 500,000 to Mutheu Mutuku for unlawfully using her image on its social media platforms for commercial purposes without her consent.
In a ruling by the Office of the Data Protection Commissioner (ODPC), the club was found liable for violating Mutuku’s right to privacy after posting her image and failing to remove it despite repeated requests.
The ODPC heard that Mutuku demanded the removal of the image as early as November 2022, but the club ignored the request for over a year, prompting her to file a complaint in October 2023.
Photo | Club Legend Facebook
The Data Commissioner ruled that Club Legend Rongai failed to provide proof of consent or any lawful basis for processing and publishing the complainant’s personal data, contrary to the Data Protection Act, 2019.
Photo | Club Legend Facebook
The decision also found that the club breached Mutuku’s right to erasure, noting that data subjects have the right to withdraw consent at any time and that data controllers must act without undue delay.
As compensation for the unlawful commercial use of her image and the violation of her privacy rights, the ODPC awarded Mutuku Ksh 500,000.
The ruling sends a warning to clubs and businesses using images for marketing, underscoring the need to strictly comply with Kenya’s data protection laws. Parties have 30 days to appeal the decision at the High Court.
